“The victim’s failure to raise shouts is mainly for the reason that there is fear in the mind of children that if a close relative commits such nature of acts then what will happen to their life if they resist as the uncertainty of future loom large in their mind. Such kind of fear is real when the children are not protected in their own house and they are,” the Court said.
In the present case, the victim’s mother had left her and her other siblings and so her situation was more vulnerable, the Court added.
“This fear of children is not addressed as they do not know that how they will be protected and cared for as they are not aware that they will get a shelter and an opportunity to lead a normal life,” the Court observed.
Citing provisions of the POCSO Act, it said there were rules for spreading awareness and also to ensure that the child is placed in a shelter home if needed.
Source: Barandbench
