THE JUDGEMENT NOTES
Victim’s father nor her uncle were examined as material witnesses
Mother’s testimony was doubtful as her behavior couldn’t be accepted as normal human behavior
Despite having witnesses other such alleged acts, the mother did not complain saying that it was a ‘family matter’
Mother did not inform husband and did not keep daughter away from accused
Not a drop of blood was seen on the bedsheet attached or anywhere
.............
One acquitted in rape case of 5-year-old
Incident occurred on April 30, 2014
THE GOAN NETWORK
PANAJI
Goa Children’s Court acquitted a 20-year-old resident of Kasarwada, Khorlim in Mapusa in a 2014 case of committing rape on his five-and-half-year-old cousin while giving him the benefit of reasonable doubt.
The accused was booked by Mapusa police on April 30, 2014 under IPC, Goa Children’s Act, 2003 and Protection of Children from Sexual Offences Act, 2012 for wrongfully confining his minor cousin in a room at their residence, using criminal force on her and sexually assaulting her at around 11.30 am on that day. The victim and the accused reside at the same house.
According to the victim’s version, the accused called her to her aunt’s room saying that he will give her a chocolate and then he latched the door from inside. He let her out only when she cried out loudly. She met her mother outside the room and informed her about the incident.
The mother, however, took the victim’s studies till 12.30 pm despite being informed about the incident. It was only when she was readying her daughter for school that she noticed blood on her under garments.
The mother then informed everyone in the house including the victim’s father, who slapped the accused. The police were called soon after.
The judgment observed that neither the victim’s father nor her uncle were examined as material witnesses. The mother’s testimony was doubtful as her behavior after finding out about the incident couldn’t be accepted as normal human behavior.
During the trial, it came to light that despite being in the know, being warned and at times having witnesses more such alleged acts, the victim’s mother did not complain to anyone as she believed that it was a ‘family matter.’ She did not inform her husband and also did not take any steps to keep her daughter away from the accused. Even on the relevant day, she did not give any importance to the incident.
The medical officer stated that the victim was bleeding for around eight hours from 11.30 am to around 7.30 pm. However, the Court observed that not a drop of blood was seen on the bed sheet attached from her aunt’s room or anywhere else.
The judgment pointed out that it is improbable that a girl could bear continuous bleeding for eight hours and would act normal and continue with her daily routine.
“Neither the injuries to the victim or the accused are sufficiently explained by the prosecution,” reads the judgment.
