Dismissing the plea of an accused in a sexual assault case to discharge him since the minor had turned hostile, a city court said it will ascertain during trial if the child’s statement is true. The five-year-old boy had retracted his statement made before a magistrate under Section 164 CrPC. During the hearing on July 4, Additional Sessions Judge-cum Presiding Officer of Special POCSO court, Ashwini Kumar Sarpal, said it will be known during the trial if the “subsequent statement u/s 164 CrPC was given under some pressure or not”.
On February 3, a case was registered based on the boy’s complaint in Mandawali police station. According to court records, the child had alleged that the accused had taken him to the roof of his house and sexually assaulted him.
The court said the child told his mother that a similar incident had taken place 10-12 days earlier, however, she did not take it seriously then. The child’s statement was recorded by the investigating officer on the same day under Section161 of the CrPC, in which he alleged that the accused had threatened him before assaulting him. “… However, when the statement of the victim was recorded under Section 164 CrPC, he said nothing had happened with him nor did anyone, including the accused, do anything to him,” the court records stated.
The judge said the victim totally “exonerated” the accused, and not a single word regarding any “unnatural sex or sexual assault” was made. “Medical report of the victim also does not mention anything about any injury on the body. At this point, the prayer made by the counsel of the accused to discharge him cannot be entertained merely on the ground that the victim has not stated anything in his statement u/s 164 CrPC.
It is a matter of trial to consider whether the statement given… by the victim to police, as well as by his mother, is correct or if the subsequent statement under 164 CrPC is correct,” the judge said. The court also said a CCTV recording of the assault has been provided by police. “The CD has been sent to the FSL… It will help the court to arrive at a correct conclusion…,” the judge said. The court also added sections of the POCSO Act in the FIR as the victim is below 12 years.