Bombay HC acquits man in POCSO case

September 07, 2021 12:00 am | Updated 06:13 am IST - Mumbai

A child is a pliable witness, says court

MUMBAI, 25/08/2011: A view of Bombay High Court building, in Mumbai.
Photo: Vivek Bendre

MUMBAI, 25/08/2011: A view of Bombay High Court building, in Mumbai. Photo: Vivek Bendre

The Bombay High Court has acquitted a man of charges of raping and sexually assaulting a five-year-old. It said, “It is well known that a child witness, by reason of his/her tender age, is a pliable witness. He/she is amenable to tutoring and inducement and is often prone to telling imaginative and exaggerated stories.”

Justice Anuja Prabhudessai was hearing a criminal appeal filed by Janardan Kapse through advocate Ravindra Chalke.

Sessions Court order

He is challenging an order by the Sessions Court at Thane in 2019 of convicting him under Section 376 (punishment for rape) and 354 (A) (1) (i) (physical contact and advances involving unwelcome and explicit sexual overtures of the Indian Penal Code and and Section 4 (punishment for penetrative sexual assault) and 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences.

The 12-page-order passed recently recorded, “The child has stated that her parents had told her how to give the statement. She has further stated that she was questioned by the police about the incident and that her mother had given the answers, which were taken down in writing. She has admitted that her parents had told her how to depose before the court.”

The order reads, “The minor on her own admission is a tutored witness and hence no implicit reliance can be placed on her evidence. It is in the evidence that the appellant, his wife and two children live in a room on the 5th floor, which is above the room of the first informant (mother of the child). The first informant has admitted that there was a quarrel between her and the appellant over leakage of water from his toilet. Hence the possibility of false implication cannot be ruled out.”

Commenting on the Sessions Court judgment, the court said the judge had held the appellant guilty of all offences solely on the basis of the victim’s statement.

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