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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Cabinet reshuffle is CM's prerogative in consultation with Cong high command: G Parameshwara
Bengaluru(PTI): Amid speculation that a cabinet reshuffle was on the cards, Karnataka Home Minister G Parameshwara on Wednesday said it is the prerogative of the Chief Minister and he would take a decision in consultation with the state Congress President and the high command.
Deputy CM and state Congress chief D K Shivakumar's statement on Tuesday indicating the possibility of a cabinet reshuffle in the days ahead, noting that few Ministers have been given a "message" about their term, has further fueled the speculations about the rejig.
"I don't know about it. Cabinet reshuffle is the Chief Minister's prerogative. He will consult the Pradesh Congress Committee President and go about it, this has been the practice. I don't know what decisions they make. It has to be done in consultation with the high command," Parameshwara told reporters.
To a question on Shivakumar's statement, he said, "He (Shivakumar) is the party state President, I don't know what messages he has sent (to some Ministers)."
Speculations are rife about a cabinet reshuffle and evaluation of the performance of the Ministers ever since the Lok Sabha poll results. There has also been demand from a section of MLAs, who are Ministerial aspirants, to be inducted into the cabinet. Some have openly expressed their wish to become Ministers.
To a question on a seer's comments that the voting rights of Muslims should be revoked, the Home Minister said, making remarks contrary to the Constitution is not right, and no one should speak or go against it.
"Probably he (seer) has not properly seen the principles of the Constitution and the rights and opportunities provided in it for every community and religion. It is clear in the Constitution," he said.
Asked about Congress MLA H R Gaviyappa publicly asking the CM to drop at least two of the five ‘guarantee’ schemes to provide money for development works, the state Home Minister said, "Any legislator asking for funds to his constituency is not wrong, so Gaviyappa is not wrong in asking for funds for his constituency."
"But unfortunately he has expressed his personal opinion regarding the guarantee schemes. That has been taken by the party and the government. We had promised the people of the state that we will full the promises, so we are implementing them. We cannot go back on that," he added.
Deputy CM Shivakumar had on Tuesday said he would issue a showcause notice to Gaviyappa and warned party leaders against making such statements regarding guarantee schemes.
Responding to a question on an Assamese girl found murdered at a serviced apartment in east Bengaluru, Parameshwra said such incidents in a way bring bad name to the city.
"It (alleged murder) is on very personal grounds. Both of them (suspect and victim) knew each other and were in love. They had stayed in a hotel room and he has stabbed her there. Both of them are outsiders. She is from Assam and he is from Kerala. Police keep watch on such things, but when such incidents occur, it in a way brings a bad name to the city," he said.
Asked about the suicide of a woman, who is a suspect in the alleged scam in Karnataka Bhovi Development Corporation, the Minister said investigation is on, can't say anything further until the probe is over.
On the protest by prisoners against the jail authorities at Kalaburagi central prison, alleging lack of facilities there, Parameshwara said he will speak to DG (Director General) Prisons about it.
"Already we have reviewed all the jails. If there are any necessities there it will be fulfilled. I will give instructions to the DG," he said.
