The vice principal and school nurse accused of sexually assaulting an 8-year-old girl student in Jharkhand were acquitted by a court. The judge, who was presiding over the case under the Protection of Children from Sexual Offences Act (POCSO Act), stated that the prosecution was unable to establish its case because the child-survivor’s testimony was unreliable. According to the judge, the child’s testimony relied on her feelings and suspicions, and it appeared to have been embellished, making it untrustworthy and lacking in credibility. The father of an 8-year-old girl registered a case alleging rape and unnatural offenses against his daughter in collusion with the nurse, class teacher, vice principal, and others. The prosecution claimed that the victim’s testimony, along with medical evidence, corroborated the allegations of sexual assault.
The defense counsel argued that there were significant contradictions and improvements in the prosecution’s case that undermined its credibility. They also claimed that certain facts and circumstances made the prosecution’s story unreliable and doubtful.
The defense argued that evidence presented by sexual assault victims must be reliable, trustworthy, and cogent, and must inspire confidence in the court. The victim’s deposition was found to have contradictions on crucial points, and also contradicted other witnesses, which created significant doubts in her testimony.
The court examined the victim’s statement and concluded that it was an improved and contradictory version of her earlier statement before the magistrate.
The victim’s father registered a case accusing the nurse, class teacher, vice principal, and others of raping and committing unnatural offenses against his daughter. The prosecution presented evidence that the victim had testified about the sexual assault, which was also supported by medical evidence.
The defense counsel argued that there were significant contradictions and improvements in the prosecution’s case, which undermined its credibility. They also claimed that certain facts and circumstances made the prosecution’s story unreliable and doubtful.
The defense submitted that evidence presented by sexual assault victims must be cogent, reliable, trustworthy, and inspire confidence in the court. The victim was found to have contradicted herself on crucial points and also contradicted other witnesses, which raised serious doubts about her deposition.
The court examined the victim’s statement and found it to be an improved and contradictory version of her earlier statement before the magistrate.
The court also observed that the allegations made by the victim’s father lacked any substantial basis and were merely based on suspicion and assumptions.
The judge stated that the father’s claim, which suggested that his daughter was raped and subjected to unnatural offenses in collusion with the nurse, class teacher, vice principal, and others, could not be substantiated.
As a result, the court concluded that the prosecution’s case against the accused individuals remained dubious, and therefore, the two defendants were acquitted.
Source: https://www.barandbench.com/news/litigation/jharkhand-court-acquits-vice-principal-school-nurse-pocso-case