HC acquits father accused of sexually assaulting daughter

Soumyadip Mullick, MP, 3 Nov 2024, Kolkata: Observing that material discrepancies disqualify victim as a ‘sterling witness’, Calcutta High Court recently acquitted a father who was accused by his daughter of committing sexual assault on her. The Bench of Justice Tirthankar Ghosh was moved by the appellant (father) challenging the order and judgement of a Special POCSO court, Alipore. 

The prosecution relied on eight witnesses, including the victim (daughter). The court observed that the victim’s narration of the incident of sexual assault in the letter of complaint stated that the father committed sexual offence on two occassions: March 15 2021 and March 17, 2021. On both occasions, the father allegedly came to her bed to commit it. 

However, in her statement recorded under Section 164 of CrPC before the Magistrate and while deposing before the court, the victim said she was sleeping on her bed and went close to her father, who was asleep on the same bed, because she was feeling cold. She alleged the father allegedly touched her inappropriately. 

On the second occasion, she alleged he tried to rape her but she pushed him and escaped, eventually confiding in a panchayat member who then informed family members. 

“There is a material difference in the narration of facts to the extent that while her version at one instance is as if her father came from a different room or place to commit the offence, on the second occasion, she narrates in a manner as if she was sleeping next to her father,” court observed. It was noted that she also refused medical examination since the father attempted to rape but failed to since she escaped. 

The court noted that the evidence of the case reflects certain unnatural features since the girl who lived with grandparents, brother and stepmother, did not decide to tell them and instead confided in a Panchayat member. “..there are material discrepancies and the same do not qualify the victim as a ‘sterling witness’ for relying upon her sole testimony to arrive at a finding which would be adverse to the appellant,” the bench observed and acquitted the father of all charges by setting aside the Special POCSO court order. 

https://www.millenniumpost.in/bengal/hc-acquits-father-accused-of-sexually-assaulting-daughter-585490?infinitescroll=1