Delhi High Court has announced jail term to a rape accused on the basis of a five-year-old girl’s description through a Barbie doll. According to a PTI report, the court said that the girl was able to convey the information by referring to the private parts of the doll.The innovative idea of giving the girl a Barbie doll was given by the trial court judge and the court said that the sentence awarded to the accused was based upon a proper appreciation of the evidence and it deserves “no intervention”.
The court dismissed the appeal filed by the convict and said that just because no nail marks were present on the private parts of the child it can’t be assumed that the incident didn’t take place.The victim’s mother didn’t allow the medical examination to protect her honour.
According to the report, the court said, “The crucial evidence regarding nail marks on the private parts could not be gathered. It, however, does not dilute the oral testimony of the victim whereby by referring to the private parts of the ‘doll’ in her hand she conveyed the information as to what had happened to her”. “There was no occasion for the appellant (man) to take the child on the allurement of handing over a Rs 10 note to her brother.”
The shameful and horrific incident took place in July 2014 when the girl was going to school with her 10 yr old brother and accused Hunny offered Rs 10 to the boy and asked him to bring something from the nearby shop. The man then abducted the girl and took her to North-west Delhi where he took off her clothes and slapped her before sexually assaulting her.
The accused then left the child near her house where a neighbor woman found her crying and offered her skirt before dropping her to home.The kid was in a state of shock and disclosed about the incident only after a few months.The kid was severely traumatized after the incident and refused to talk or stay even with her father. The accused has been charged under POSCO (Protection of Children from Sexual Offences) act.
The judges offered the girl a Barbie doll to make her comfortable in the court.She started putting her hands in the skirt of the doll to which the judge asked if this is what the man has done to her to which she replied in positive.The accused then challenged the court’s order saying that he can’t be held guilty on the basis of sole testimony of a child who was not even able to answer properly.
The court discarded the argument saying “Nothing more can be expected from a child aged around five years considering her limited understanding. Her testimony cannot be discarded merely because she in specific words did not tell that nails were scratched on her vagina by the appellant after putting off her underwear,” it said.
We appreciate the innovative idea of the judges to provide the girl with a doll for making her comfortable and hope that such decisions will talk some sense into the minds of those who commit such heinous crimes.
Source : PTI