NAGPUR: Observing that a minor subjected to sexual assault would be “petrified” and “not behave normally and play”, Nagpur bench of Bombay HC acquitted a 64-year-old man, who was sentenced to 20 years of rigorous imprisonment under Pocso Act and Section 376AB of IPC for allegedly raping an eight-year-old girl in March 2019.
The man, Vijay Jawanjal, was a resident of Achalpur in Amravati district.”If such an act (rape) was perpetrated by the accused, it was an egregious act. Such an act would have undoubtedly horrified her. It would have inflicted immense pain and trauma on her. Under ordinary circumstances, she would have fled the spot to her house after such a deplorable act and recounted the incident to her mother,” Justice Govinda Sanap said, while ordering the release of Jawanjal from jail.
As per prosecution, the survivor, a student of class 3, had gone to play at a community temple near their home. Her mother, who is the complainant, could not find her daughter. After some time, the complainant found her playing at the same premises and dropped her off at school. After returning from school, the girl appeared gloomy and uncomfortable. She revealed to her mother the next day that the accused had offered her a sweet, forcibly touched her private parts, and she was in pain. The mother then lodged a complaint at Asegaon police station.
Quoting the mother’s testimony, Justice Sanap pointed out that when she went to find her daughter, she found the accused was sitting nearby, and the girl was playing. Clarifying that the court must be vigilant and ensure the child is not tutored in any manner, the judge said the survivor herself demolished the mother’s evidence, stating she was tutored by her mother to name the accused.
“The girl has stated her mother told her to tell the court that the accused had harassed her, else she would be punished. She stated her mother told her the name of the accused. On that day, she suffered a sunstroke. She has stated there was pain and itching in her private parts. She demolished the evidence of her mother,” he said.
Jawanjal had challenged the verdict in HC after sessions court awarded life sentence. He contended that his potency test was not conducted since he was 60 years old at the time and the medical reports were inconclusive.