Single-judge Justice Bharati Dangre, therefore, dismissed an appeal filed by the accused challenging his conviction by a special judge in Mumbai for penetrative sexual assault under Section 6 of the POCSO Act and for rape under Section 376 of the Indian Penal Code (IPC).
“A little girl of 3 ½ years who is not even introduced to her own organs, cannot be expected to give exact description of her private parts, but in her statement recorded u/s.164, she has categorically stated that her friend’s father had touched her at the toilet place by his nails. The little girl further says that he is a bad uncle, “गंदेअंकल है“. When she deposed before the Court, she clearly stated that finger was put in her private part, as a result of which lot of blood came out. She was not surely in a position to exactly describe the incident, on account of her simplicity and purity, not yet spoiled by mundane affairs. This guileless innocent girl did not realize its seriousness, and that is why the doctor before whom she appeared for medical examination, deposed that she was normal, being unaware of the seriousness of the act forced upon her,” the Court said.
Source: Barandbench
