The Bombay High Court vide order dated 29-01-2021 stated that while uploading conviction on an accused for the rape of a minor girl, the Aurangabad bench of Bombay High Court observed that a mother has “divine powers” in understanding the feelings of a child without it being conveyed in words.

The said order was passed by Justice Smt. Vibha Kankanwadi against an appeal where appellant who is the actual accused and faced trial in the special court under the POSCO Act, held in Jalna. The accused has been sentenced to suffer rigorous imprisonment for about 10 years and has been imposed fine of Rs 10,000 for the offence committed under section 6 read with section 18 of the Protection of Children from Sexual Offences Act,2012.

The appeal has been against the conviction of the accused who is of 17 years of old and is in conflict of law as at the time when the incidence took place and happened to rape the victim who was a girl  4 ½ years of age after taking the girl home in the pretext of giving her chocolates.

The court held that the accused is not entitled to any advantage in the case where the victim is unable to explain the details of the incidence. The court gave an order partly allowing the appeal where the child in conflict of law guilty of committing offence under section 6 read with section 18 of the POSCO Act is set aside and has been held guilty of committing offence punishable under section 376 2 (i) read with section 511 of Indian Penal Code.

The Court gave certain directions pertaining to the order and are mentioned below as under: –

  • The Superintendent, Central Jail, Aurangabad to make immediate arrangements to shift the child-in-conflict with law to said Institution at Pune, under proper supervision.
  • The Superintendent of Pandit Jawaharlal Nehru Government Special Home at Yerwada, Pune (Yerwada Industrial School) is directed to admit the child-in-conflict with law in the Institution till he attains 21 years of his age.
  • The Superintendent of Pandit Jawaharlal Nehru Government Special Home at Yerwada, Pune (Yerwada Industrial School) is directed to keep away the child-in-conflict with law from other children in the Institution
  • The Superintendent of Pandit Jawaharlal Nehru Government Special Home at Yerwada, Pune (Yerwada Industrial School) is directed to provide all re-formative services to the child-in-conflict with law, including educational services and skill development, etc
  • The District Probation Officer, Pune is directed to send periodic follow-up report to Special Court, Jalna every month to evaluate the progress of the child-in-conflict with law till the attainment of age of 21 by him.
  • The Superintendent of Pandit Jawaharlal Nehru Government Special Home at Yerwada, Pune (Yerwada Industrial School) is directed to transfer the child-in-conflict with law to the Central Jail, Aurangabad after the child-in-conflict with law attains 21 years of age.
  • The copy of this operative order be sent to the Superintendent of Pandit Jawaharlal Nehru Government Special Home at Yerwada, Pune (Yerwada Industrial School), the District Probation Officer, Pune, the Central Jail Aurangabad and Boys Observation Home, Parbhani.
  • It is clarified that there is no change in the order of disposal of muddemal property.

 

Order: XYZ_v__State_of_Maharashtra