3-year-old child cannot be expected to describe private parts: Bombay High Court upholds POCSO conviction
The Bombay High Court passed a order on 13 March, 2023.This was seen in the case of Mahadev Gaur Bishwas v. The State of Maharashtra & Anr 440 OF 2019 and the case was presided over by Hon’ble Justice SV Bharati Dangre.
FACTS OF THE CASE:
In this case a girl underwent a harrowing experience, barely 3 years five months, when she was sexually outraged by a man residing in her neighborhood whom she referred to as ‘uncle’.
OREDER OF THE CASE:
“The girl is relatively ingenuous, not capable of understanding the consequences of the act to which she has fallen prey and that it amounts to an offence. There is no reason why the mother should tutor the child of tender age to be a participant in such a churlish act of which she complained,”. Though the little girl could not be protected from the sexual offence committed upon her, the wheels of justice have been turned to her by convicting the appellant for the wrong which he has done resulting into a trauma which has remained unexpressed but may leave a long lasting impact upon her, and by imposing adequate sentence”
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JUDGEMENT REVIEWED BY ARCHLA.