Updated: December 24, 2021 6:00:23 pm
A Delhi court discharged a 45-year-old man accused of sexually assaulting a six-year-old boy noting that he was suffering from mental illness and was incapable of understanding the consequences of his acts.
Additional Sessions Judge Ashutosh Kumar discharged the accused in an order passed on December 15. The victim’s mother had alleged sexual assault charges against him. The Delhi Police had filed a chargesheet in this case against the accused under section 8 of POCSO Act.
The court said, “From the said medical documents of the accused, it prima facie appears that the accused was suffering from mental illness to the extent that he was incapable of understanding the consequences of his acts or forming any mens rea on sexual intent at the time of the commission of the offence.”
The court observed that even for argument’s sake if it is assumed that there is suspicion that the accused was not sufficiently incapable to understand the consequences of his act and that suspicion exists against him that he was capable of understanding the consequences of his act, in it’s “view no charge can be framed against the accused, as it is well settled that for framing of charge there has to be grave or strong suspicion against the accused.”
Advocate Tanveer Ahmed Mir relied on the discharge summary slip of the accused while arguing that he was diagnosed as a patient of Schizophrenia. Mir had also drawn the attention of the court to an AIIMS report where his condition was opined as severe disability, and stated that three medical board opinion reports came to the same conclusion.
Mir also argued that the medical reports were a part of the chargesheet after verification by the investigating agency.
“It is apparent that the accused was of unsound mind and was not having fit mental condition or mens rea to understand the consequence of the alleged act,” Mir submitted to the court.
The Additional Public Prosecutor appearing for the State argued that “medical insanity was different than legal insanity and in the absence of any legal insanity, the allegations have to be taken on face value.”
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