Ujjain: The court of eighth additional district judge and special judge (POCSO Act) Dr Aarti Shukla Pandey convicted accused Manohar alias Mama (49) son of Bhagirath Chauhan, resident of village Tankariyapath (district Ujjain) under Section 376 (2)(I)(J)(L). She directed imprisonment for life term for the rest of natural life. She convicted him for three years for rigorous imprisonment under Section 363 of IPC, punishing him for one year imprisonment under Section 342 of IPC and imposed a fine of Rs 2,000. She also directed the District Legal Services Authority to provide compensation to the victim.
Deputy-director, prosecution, Saket Vyas informed that mother of the victim appeared at the Neelganga police station on January 27, 2017 and filed a report to the effect that she had gone to Indore on January 25 in the morning. When she came home, the cook at the school told that on January 25, accused Manohar took her daughter to the bathroom of the school and did something with her. When the school children went to the bathroom they shouted as they found the bathroom door closed. Manohar fled post incident. The victim was found inside, and on being asked she told in an indicating gesture that Manohar took her to the bathroom and had molested her.
On being questioned by the victim before sub-inspector Deepika Goel, no clear answer could be given. The oral test of the victim was conducted immediately after summoning the expert MR and SI of District Center for Rehabilitation of Disabled Persons. Both expressed the opinion that the said victim is very weak both physically and mentally due to which IQ test will be helpful to reach any conclusion. Hence, IQ test of the victim was conducted and her statements were made through the specialist Monica Purohit.
During the investigation, Section 376 (2) of IPC and Section 5/6 POCSO Act were increased on the basis of the facts brought in the case and charge-sheet was presented in the court. The court convicted the accused while agreeing with the prosecution’s arguments. During the trial, the victim’s statement was written through a special didactic, in which the victim pointed out at the gestures of fingers that she had been raped by the accused. Special public prosecutor Suraj Bacheria pleaded the case on behalf of government.
