POCSO: Sikkim High Court doubts claim that 3-year-old was found in panic after accused touched private parts

The Sikkim High Court recently acquitted a man accused of molesting a 3-year-old child..The Court expressed doubts regarding the claims by witnesses that the child was found in a "panic" state after the accused allegedly touched her private parts. A Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai observed that a child of 3.5 years would barely be able to understand the significance of someone touching her private parts to be able to end up in such a panic state."The witnesses have given different versions of the alleged sexual assault on the minor child and, in our considered opinion, a child of three and half years would barely be able to understand the import of a person touching her private part, how she would be in a state of panic having comprehended that it was a sexual assault, is indeed astonishing and unbelievable," the June 5 ruling stated..The Court eventually acquitted the accused who had been charged under the Protection of Children from Sexual Offences Act (POCSO Act), after noting that there were contradictions in witness testimonies and it did not inspire confidence. The Court also pointed out that there was no evidence to establish even a probability of the offence having been committed. The Court found that the allegations against the accused appeared to be an afterthought on the part of the witnesses, considering that the first information report (FIR) was lodged three weeks after the alleged offence had been committed. The Court concluded that the prosecution had failed to prove its case beyond reasonable doubt."We are conscious and aware of the provisions of Section 29 of the POCSO Act, 2012, however, we cannot lose sight of the fact that the evidence does not establish even the probability of the offence having been committed," the Court held. .The Court was hearing an appeal filed by the accused (appellant) against a trial court verdict convicting him under the POCSO Act and sentencing him to twenty years in jail.On June 25, 2021, an FIR was lodged against the appellant, accusing him of having sexually assaulted a three-and-a-half-year-old girl.The said allegation was made by the girl's brother while giving a statement to a magistrate as part of an investigation into another POCSO case where the boy was the victim and the same appellant was the accused.The minor boy claimed that he saw the appellant put his fingers into the mouth and anus of his sister. The Court was told that he later informed his parents about this incident.However, there were inconsistencies between the version of events narrated by the boy and his father and the version narrated by the mother.As recounted in the High Court order, the father said that the boy told him that the appellant had touched the minor girl's private parts.On the other hand, the mother said that the appellant removed her daughter’s frock and touched her all over her body and that she was bleeding from her vagina. The mother also said that she found that her minor daughter was unable to speak and was in a state of panic..The Court expressed doubts over the mother's claim that the child was found in a "panic state" because of the alleged act. It proceeded to allow the appeal and set aside the conviction on finding that the evidence was not sufficient to convict the appellant..Advocate Dewen Sharma Luitel appeared for the appellant as his legal-aid counsel.Additional Public Prosecutor Yadev Sharma represented the State. .[Read Order]