Bombay HC acquits rape accused in POCSO case, says girl would be ‘terrified’, not ‘act normal’
Mumbai: The Nagpur bench of the Bombay High Court has sparked controversy with its recent verdict, acquitting a 64-year-old man accused of raping an eight-year-old girl. The court cited that the victim's behavior was not consistent with that of a rape survivor, stating that a minor girl subjected to sexual assault would normally be "terrified" and not "act normal and play."
The case dates back to March 2019, when the accused, Vijay Javanjal, allegedly lured the victim with sweets and touched her inappropriately. The victim's mother complained to the police after her daughter reported the incident, stating that Javanjal was sitting next to her daughter while she was playing.
However, the court questioned the authenticity of the victim's testimony, noting that she continued to play after the alleged assault and only reported it to her mother after returning from school. Justice Govinda Sanap stated that if the accused had committed the act, it would have caused fear, pain, and shock to the girl, prompting her to run away and claim shock to her mother.
The court's decision has raised concerns about its understanding of trauma and victim behavior. Critics argue that the verdict perpetuates harmful stereotypes about how victims should react to sexual assault, ignoring the complexities of trauma and individual responses.
Javanjal was initially sentenced to 20 years rigorous imprisonment under the POCSO Act and Section 376AB of the Indian Penal Code by the trial court. The High Court's acquittal has sparked outrage, with many calling for a review of the verdict.
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Caste census will form basis for future policy decision, says CM Siddaramaiah
Mysuru (Karnataka) (PTI): Karnataka Chief Minister Siddaramaiah on Wednesday said that the ongoing caste census would form the basis for future policy decisions, asserting that the exercise was crucial to advancing social justice in the state.
Addressing a gathering at the Siddarameshwara Jayanti celebrations here, he said caste enumeration was being carried out for the first time since 1931 and would be followed by deliberations once the report is submitted.
"At present, a caste census (Jaati Sameekshe) is underway. After the report comes, we will discuss it and take necessary decisions," Siddaramaiah said.
He underlined the government’s commitment to equality, stating, "We are committed to social justice. No one should face injustice. Even if not 100 per cent, we will strive to ensure 99 per cent justice."
Referring to measures aimed at addressing intra-caste disparities, the chief minister said the government had already implemented internal reservation based on revised classifications.
"We have gone beyond the Nagamohan Das report and implemented internal reservation… now it has been revised to 5.25 per cent, 5.25 per cent, and 4.5 per cent. This has been approved by the Cabinet," he said.
Siddaramaiah said the broader objective was to ensure equitable distribution of resources and opportunities, while reiterating that policy interventions would be guided by constitutional principles.
"Our objective is equal share and equal life for all," he said.
He also emphasised the role of education in eliminating inequalities, particularly among marginalised communities, and said empowerment was essential to dismantle entrenched caste hierarchies.
"Only when people gain such empowerment can caste divisions be eradicated. Education is essential for this," he added.
The CM said the government would examine demands raised by various communities and take decisions based on feasibility, while ensuring that benefits reached all sections without discrimination.
