On Friday, the Supreme Court of India acquitted a man accused of sexually assaulting an 11‑year‑old girl with an intellectual disability in 2015. The bench, comprised of Justices Vikram Nath and Sandeep Mehta, set aside the convictions of the Meghalaya High Court and the trial court, which had sentenced the appellant to ten years imprisonment under the Protection of Children from Sexual Offences Act, 2012.
The case stemmed from allegations that the appellant, the girl’s uncle, forcibly assaulted her at their home in East Jaintia Hills in May 2015. An FIR was filed after the child reportedly told her cousin, who then informed her mother. The mother initially did not pursue the matter because the child did not confirm the accusation when questioned.
In its judgment, the Supreme Court highlighted several factors that undermined the prosecution’s case. It noted the mother’s “unnatural conduct,” the long delay before the FIR was lodged, contradictory statements about the accused’s relationship with the family, and the fact that neither the minor nor her cousin identified the appellant in court. The court also pointed out that a teacher who had been told about the abuse was not examined, and that the prosecution failed to explain this omission.
The bench emphasized that while a mentally challenged victim requires a degree of latitude in evaluating her testimony, the complete failure of the victim to identify the accused in court was decisive. Consequently, the Supreme Court allowed the appeal, acquitted the appellant of all charges, and directed his immediate release unless he is required in another case.
