Maha Court Acquits School Superintendent in Case of Sexual Assault of Physically Challenged Girl on 'Benefit of Doubt'

A court here in Maharashtra has acquitted a 47-year-old superintendent of a school for hearing and speech-impaired children in the case of alleged sexual assault of a 15-year-old girl in 2017, while giving him the benefit of doubt. The order was passed on February 21 and a copy of it was made available on Saturday.

In her order, Additional Sessions Judge and Special Judge (for POCSO cases) Kavita D Shirbhate noted that the prosecution failed to prove the charges against the accused.

Special Public Prosecutor S B More told the court that the accused sexually assaulted the Class 4 student in January 2017. A teacher at the school had noticed changes in the victim’s behaviour and that she was bleeding.

Upon enquiry, the victim in sign language had informed the teacher about the offence following which a case was registered against the accused under provisions of the Protection of Children from Sexual Offences (POCSO) Act, and Sections 354-B (assault or use of criminal force to any woman or abetting such act with the intention of disrobing or compelling her to be naked) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

Advocate Vishal Bhanushali, appearing for the accused, contested the case and said his client was not involved in the alleged crime. In the order, the judge said the prosecution has not produced any age proof of the victim, as per provisions of the Juvenile Justice (Care and Protection ) of Children Rules.

The victim, who is the material witness, turned hostile. She did not support the prosecution story. Another material witness, who noticed the victim’s injuries, also did not support the prosecution story, the judge noted.

“To prove the ingredients of Section 354B of the IPC and Sections 8, 9(f), 10 of the POCSO Act, it was necessary to prove that the accused had committed sexual assault on the victim with sexual intent,” the court observed. In this case, the prosecution has not proved that the accused committed sexual assault on the victim, and the latter’s statement is also not recorded as per provisions of law, it said.

“Therefore, in the absence of cogent evidence against the accused, I hold that the prosecution has failed to prove the guilt of the accused beyond all reasonable doubts,” the judge said. Hence, the accused is entitled for the order of acquittal, the court said.

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