Relying on the testimony of a sexual assault victim with intellectual disability – whose testimony was recorded with the help of an interpreter – and the eyewitness account of the man's minor daughter, a sessions court sentenced a 49-year-old man to five years of rigorous imprisonment for sexually assaulting his 21-year-old niece.
On October 27, 2016, the five-year-old witnessed her father assault her cousin and informed the victim’s mother about it. On being asked, the victim, who is unable to speak, told her mother about the assault with gestures. The minor later informed her mother too about the incident.
The police and the magistrate recorded the victim’s statement with the help of an interpreter who works with children with intellectual disability and is the principal of a school meant for such children.
Before the sessions court too, the victim’s deposition was recorded in a similar manner.
The man’s minor daughter had testified against him before the court as an eyewitness. The man’s wife too had deposed against him in the court as the child had informed her too about the incident.
On Wednesday, additional Sessions Judge Sanjashree J. Gharat said in her judgment while deciding the quantum of punishment, that the accused is the maternal uncle of the victim and the victim is intellectually disabled. “The accused being a close relative had an opportunity to visit the residence of the victim. He took undue advantage of the said acquaintance and committed the serious act.”
The court considered the gravity of the offence while deciding the sentence and also imposed a fine of Rs. 20,000 on the man.
The 49-year-old man had taken the defence that he was falsely implicated as he had a drinking problem and had a dispute with his wife.
Refusing to accept his defence, the court said that it had the occasion to see the victim and had found her intellectually disabled. It further said that it is very difficult to tutor an intellectually disabled person to resolve personal scores between husband and wife.
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