January 23, 2021 1:32:42 am
A sexual abuse victim should not have been made to go from one police station to another, a special court has said while hearing a case where a five-year-old girl was taken to three police stations after she was raped in 2015.
The court had on Thursday sentenced a 34-year-old man to life imprisonment in the case on charges of rape and kidnapping under the IPC and the Protection of Children from Sexual Offences Act.
In its detailed order, the court said that the evidence showed that the child was taken to three police stations after she was raped. During the trial, the lawyer of the accused had raised this issue to cite whether the FIR was filed in the proper jurisdiction.
“There is much cross-examination about the jurisdiction, as the victim was earlier taken to MIDC police station, then to Aarey police station and finally to Sahar police station. She should not have been made to go from one police station to another and that too after such an incident. She should have been immediately taken to the comfort of her home or to the hospital for medical treatment,” the court said.
The child had suffered grievous injuries in the assault and had to undergo surgery and treatment for over three months.
The incident dates back to March 1, 2015, when the girl was kidnapped from near her house, which falls under the jurisdiction of Sahar police station.
She was taken to an isolated area in the Aarey forest, which falls under the Aarey police, where she was physically and sexually assaulted by the accused.
He later abandoned the girl at the spot and fled.
The girl was found by a police officer. When it came to light that she had been kidnapped from near her house, she was taken to MIDC police station.
The evidence submitted before the court showed that she was subsequently taken to Aarey police station since the incident took place there.
Her parents, who had approached the Sahar police station while she was missing, were also sent to the Aarey police station. An FIR filed at Aarey police station was transferred to Sahar police station, where the father was asked to go subsequently with the child.
The court said that the issue of jurisdiction was not a valid defence by the accused as part of the incident – the kidnapping – took place under Sahar police’s jurisdiction where the FIR was lodged.
The court relied on the testimony of the girl, her description of the accused, CCTV footage as well as forensic and medical evidence to hold the accused guilty.
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