“Calling Assault Animalistic Would Be Injustice To Animals”: Madras High Court Reverses Acquittal In POCSO Case After 9 Years

Finding the man guilty for the offences of aggravated penetrative sexual assault under the Prevention of Children from Sexual Offences Act (POCSO) and for rape, sexual assault and criminal trespass under the Indian Penal Code, Justice Bharatha Chakravarthy noted that the trial court had acquitted the man based on irrelevant considerations and materials while ignoring the relevant materials such as the deposition of the child and the corroborative evidence.

The court added that the findings of the trial court was perverse and was impossible given the nature of the offence.

On a cumulative reading of the entire evidence on record and the judgment of the Trial Court, even by exercising great restraint, it is to be stated that the judgment of the Trial Court is an affront on judicial conscience. Thus, I have no hesitation whatsoever in upturning the finding of the acquittal as to one of guilt.

In the present case, the accused had entered the victim girl’s home when she was alone and brutally raped her. He even attempted to murder her by strangulating her. Due to the strangulation, there was a sub-conjunctival hemorrhage in her eyes as the blood vessel in her eye had ruptured. Since the blood circulation to her brain had stopped during the strangulation, she also got Post Anoxic myoclonus.

Aside from the physical injuries, the doctors had deposed that the child was also gravely hurt in her mind. She was sleepless, could not eat, cry, or laugh and remained tensed and could not even sit in one place, and was unable to walk.

The court noted that the assault was barbaric and it left the child with serious injuries. Calling the assault much worse than ‘animalistic’, the court noted as under,

The sexual assault was violent and barbaric leaving the tender child with serious physical lacerated wounds, bruises, contusions and a tear injury in her private part. Psychologically, her complete personality stood distracted and she was terrified. To call this assault 'animalistic', it will be injustice even to animals as they do not sexually assault young / baby animals.

The court also held that the evidence of the child with respect to the identity of the accused was consistent and unwavering from the beginning and was of stellar quality. The court rejected the version of the accused wherein it was alleged that the victim’s mother had tutored her to say the name of the accused to falsely implicate him. The court observed that it was highly illogical to allege the same and moreover, the defence had not brought in any evidence in support of this theory.

While sentencing the accused to rigorous imprisonment, the court also directed the Tamil Nadu government to pay a compensation of 10.5 lakh rupees to the victim child without insisting on further formality due to the sensitivity involved.

Further, finding the three children of the accused to be “Hidden/Invisible Victims”, the court also directed the Social Welfare and Women Empower Department to consider their case and provide State assistance to ensure the continuation of their education and their livelihood. The court added that the whole scenario had been made complex as the acquittal was in 2014 and the accused now had a wife and three children.

The whole scenario has been made more complex on account of the initial acquittal and thereafter being upturned into one of the guilt in the appeal against acquittal. These children are generally termed as “Orphans of Justice” or “Invisible Victims” or “Hidden Victims”. They are put to untold misery and deprivation without any fault on their part… I am of the view that in this case, a direction is also to be given to the Secretary to the Government, Social Welfare & Women Empower Department, Government of Tamilnadu to consider the case of the wife, three minor children of the convict for State Assistance to ensure continuance of the education and nutrition of the children and to ensure the livelihood of the wife.

The court also appreciated the efforts taken by the three hospitals and their Doctors/Specialists who had treated the victim child and had taken all possible measures to pull the child out from the jaws of death without insisting on protocols.

As a matter of fact, the evidence of all the Doctors and the Investigating Officer clearly point out as to how they all toiled together to save the life of the child. As a matter of fact, in this case, with commendable co-ordination, without insisting upon any protocols, the Doctors / Specialists of three hospitals namely, Sree Saran Medical Centre, Tiruppur; Coimbatore Medical College Hospital, Coimbatore and Ganga Medical Centre and Hospitals Pvt. Ltd., Coimbatore, they all come together and virtually pulled out the child from the jaws of death and this Court records its appreciation for their noble service.

Case Title: State v. Dadayutham @ Kannan and others

Citation: 2023 LiveLaw (Mad) 71