Highly unsafe to rely on contradictory statement of minor victim: Court as it acquits adoptive parents after 6 yrs

As per the complaint of the victim, who was 17 years old when she lodged the FIR, she was adopted at the age of nine, from an orphanage. She alleged that she was in Class 7 when her adoptive father started sexually abusing her.

Bhavna UchilUpdated: Monday, June 06, 2022, 12:26 AM IST
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Highly unsafe to rely on contradictory statement of minor victim: Court as it acquits adoptive parents after 6 yrs | Pixabay

Stating that it would be ‘highly unsafe’ to rely on the contradictory statement of a minor victim in a case where she had accused her adoptive father of sexually assaulting her multiple times, a special court acquitted the man and his wife after they had stood trial for six years.

The woman had been made an accused as the adopted daughter complained that she had narrated her ordeal to her, but the mother had failed to act on it. As per the complaint of the victim, who was 17 years old when she lodged the FIR, she was adopted at the age of nine, from an orphanage. She alleged that she was in Class 7 when her adoptive father started sexually abusing her. Though her adoptive mother did not pay heed, when she was in Class 11, her friends gave her a Childline contact and she managed to lodge a police complaint, she said.

Special Judge under the Protection of Children from Sexual Offences Act (POCSO) H C Shende said in the judgment that the evidence of the victim was doubtful and not of sterling quality. The order said further that there was a possibility the victim was annoyed with the adoptive father as he had intruded and interfered with her personal liberty, beating her for it, so the possibility of a false complaint filed by the victim seemed probable. Judge Shende further said that regarding the victim’s statement, her testimony did not appear to be believable and confidence-inspiring and smelt of an after-thought story. “It would be highly unsafe to rely on the contradictory testimony of the victim to convict the accused,” it said.

The couple, who were out on bail, had produced in their defence an affidavit made by a sister working in the orphanage where the minor had stayed before being shifted to another orphanage. The sister had stated the bad habits the minor had picked up, due to which she had to be shifted. The court remarked that the investigating officers had received these important papers from the orphanage but had failed to make any inquiry about it. It said this raised doubt on the prosecution’s case.

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