Jharkhand Court acquits vice principal, school nurse in POCSO case; says evidence of victim not trustworthy

A Jharkhand Court recently acquitted the vice principal of a school and the school nurse accused of sexually assaulting an 8-year-old girl student [State of Jharkhand v Emerencia Lomga]. .Special Judge under the Protection of Children from Sexual Offences Act (POCSO Act) Prabhakar Singh said that the evidence of the child-survivor did not appear to be trustworthy and, therefore, the prosecution's case could not be established. "Since evidence of victim child on material points is based on her feelings and suspicion and it suffers from addition and improvement it does not appear trustworthy and it does not inspires confidence of the court," the judge elaborated..The case was registered by the victim's father who alleged that rape and unnatural offences were committed against his daughter in connivance with the nurse, class teacher, vice principal and others.According to the prosecution, the victim had given evidence that she was subjected to sexual assault and medical evidence also corroborated this..The defence counsel argued that there were material contradictions and improvements hitting the basis of the prosecution case. It was also stated that certain facts and circumstances made the prosecution's story unreliable and doubtful. In this regard, it was submitted that the evidence of sexual assault victims must be cogent, reliable, trustworthy and should inspire the court's confidence.It was stated that the victim had contradicted herself on vital points as well as contradicted other witnesses creating serious doubts in her deposition. .The Court examined the victim's statement before it and opined that it was an improved and contradictory version of her statement before the magistrate. The Court also noted that the father's evidence was without any basis, was based on suspicion and assumptions."Allegation of informant based on an inquiry in a secret manner that rape and unnatural offence has been committed against his daughter in connivance with the nurse, class teacher, vice principal and others could not be established," the judge said.Therefore, the Court concluded that the prosecution case against accused persons remained doubtful and the two accused were acquitted..The accused were represented by advocate Shahnawaz Abdul Malik and Special Public Prosecutor Anil Kumar Singh appeared for the State. .[Read Order]