Observing that a minor subjected to sexual assault would be “petrified” and “not behave normally and play,” the Nagpur bench of Bombay High Court acquitted a 64-year-old man who was sentenced to 20 years rigorous imprisonment under the Pocso Act and Section 376AB of the IPC for allegedly raping an eight-year-old girl in March 2019.
The culprit, Vijay Jawanjal, was a resident of Achalpur in Amravati district when he committed the heinous deed (rape). Such terrible act would definitely have terrified her. It would have caused her enormous grief and trauma. Under normal conditions, she would have left the scene to her home after such a heinous deed and told her mother about it,” Justice Govinda Sanap observed while ordering Jawanjal’s release from jail.
According to the prosecution, the survivor, a third-grade student, went to play in a nearby community temple. Her mother, the complainant, couldn’t find her daughter. After some time, the complainant discovered her playing on the same premises and dropped her off at school. The girl looks gloomy and uncomfortable as she returned from school. She told her mother the next day that the accused had offered her a sweet and forcibly touched her private areas, causing her discomfort. The mother subsequently filed a complaint with Asegaon Police Station.
Justice Sanap quoted the mother’s statement, stating that when she went to fetch her daughter, she discovered the accused sitting nearby while the girl was playing. Clarifying that the court must be attentive in ensuring that the kid is not instructed in any way, the judge stated that the survivor herself destroyed the mother’s evidence, claiming that she was educated by her mother to identify the accused.
“The girl indicated that her mother instructed her to notify the court that the accused had harassed her, or she would be punished. She stated that her mother revealed her the accused’s name. On that day, she had a sunstroke.
She mentioned that she was experiencing pain and itching in her private areas. “She destroyed the evidence of her mother,” he stated.
Jawanjal challenged the verdict in the High Court after the Sessions Court imposed a life sentence. He said that his potency test was not performed since he was 60 years old at the time, and the medical findings were inconclusive.
