PANAJI
The Bombay High Court at Goa has overturned the conviction of artist and art teacher Kanhaiya Naik who was convicted by the Children’s Court and sentenced to four years rigorous imprisonment for allegedly having molested and sexually assaulted a 17-year-old female student.
The teacher argued that the Children’s Court had failed to appreciate that there was absolutely no evidence on record to point out to the fact that it was he who was involved in such acts.
The case gained public attention after the student, whose mother had filed a complaint in 2012 for an incident that happened in December of the previous year, committed suicide in July 2012 after Naik was enlarged on bail.
Following her suicide, Naik faced additional charges of abetment to suicide which was later dropped along with the charge of rape, as the police didn’t have enough evidence to substantiate the charges of rape and abetment to suicide.
Naik stood trial under Section 354 (assault or criminal force to woman with the intention outrage her modesty) of IPC and Section 8 (2) (sexual assault on a child) of Goa Children's Act, 2003.
The alleged offence occurred on December 29, 2011, when Naik is said to have picked up the victim from her residence on the pretext of guiding her about her career. He then took her to his flat at Ribandar, clicked her photographs and also molested her.
It was only on December 31, 2011, that the incident came to light. The victim's mother spotted bruises on her body and upon questioning, the girl disclosed the incident to her mother.
“In my considered opinion, it has come on evidence that the spot of the incident was not shown by the victim, it is also not established that anybody has seen the accused taking the victim to his flat. The expectation from the accused that he should explain what had happened in the flat is unreasonable, when his stand itself is that he has not taken the victim to his flat. What had happened in the flat, cannot be expected to be explained by the accused,” High Court Judge M S Jawalkar said in her judgement.
“There is reasonable doubt about the involvement of the accused in the alleged incident and benefit needs to be given in favour of the accused,” the Judge said.
