Libertatem Magazine

POCSO Act Does Not Take Away Governor’s and President’s Constitutional Power of Pardon and Remission: Tripura High Court

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An accused of raping a girl child aged three and half years was sentenced to jail for rigorous imprisonment of twenty years and a fine of rupees five thousand.

Facts of the case

The victim along with her mother went to attend a function. The victim’s mother while entering into her dwelling hut saw the accused cleaning blood from the legs and private parts of the victim. The victim stated that he forced sex with her after which people gathered and the victim was taken to the hospital. The complaint was filed by the victim’s father. The learned Special Judge, Belonia, South Tripura, found him guilty under Sections 451 and 376(2)(i) of IPC as well as under Section 6 of the POCSO Act. Aggrieved by this, the accused filed a plea in the higher Court.

Arguments of the Petitioners

The counsel for the appellant argued that the witnesses have improvised their statements in the trial. They took the victim to an ayurvedic doctor before going to the hospital but this fact was revealed. According to the doctors, they found dirty materials on the private part of the victim which can be responsible for the rupture of the hymen. Further, there were no semen traces found. Also, there was a political fight going on between the victim’s father and the accused which is why they filed a false case.

Arguments of the Respondents

Many witnesses testified that when they saw the victim, she was bleeding and also that the accused gave her biscuits to stimulate her. During the medical examination, the doctor noticed redness and tenderness in the vulva. Also, the victim had recent vaginal penetration and nail scratches all over the body. The blood sample of the victim matched o the blood of the accused person.

Court’s opinion

As the victim is too small, just three and half years old so she is unable to speak but her nodding is relevant under Section 119 of the Evidence Act which states that the victim can give evidence in any form if unable to speak. The Court by going through all the evidence thoroughly upheld the decision of the special judge and found the accused guilty but his punishment was reduced from life imprisonment without remission to 20 years of rigorous imprisonment.

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