"Victim Suffered Catatonic Schizophrenia ; Prone To Hallucinations & Delusions" : Sikkim High Court Acquits POCSO Accused

The Sikkim High Court acquitted a man accused in a POCSO case after noticing that the victim suffered catatonic schizophrenia and thus prone to hallucinations and delusions."It would be difficult to conclude with absolute certainty that what the victim states in her deposition is not coloured by hallucination as she was certainly suffering from catatonic schizophrenia", the bench of Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan observed in the judgment."What the victim deposed before the court may be true. However, 'may be' cannot be the bench mark in a criminal prosecution", the bench added.Milan Kumar Rai was convicted by the Trial Court under section 376(2)(n) and 376(3) of the Indian Penal Code, 1860 (IPC) as well as under section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). Before the High Court, the accused contended that the victim's statement is not of sterling quality and is not corroborated by other evidence. The victim's statement is cryptic and does not have any details as to time and place to verify the truthfulness of the statement, it was contended. The prosecution on the other hand pointed out that the victim had stated that the accused opened her clothes, fondled her breasts and committed penetrative sexual assault on her in and that she was raped ten times before. In cases like this where the victim suffers from certain disabilities it is incumbent upon the court to examine the evidence considering the social circumstances of the victim and of the area in which the crime has been committed, the prosecution submitted.The court noted that, in this case, the prosecution evidence itself establishes that the victim suffered catatonic schizophrenia and thus prone to hallucinations and delusions. [One of the prosecution witness was a doctor who deposed that the victim was suffering from catatonic schizophrenia with mild mental retardation ]. The Court thus observed:"On a reading of the 164 Cr.P.C. statement recorded of the victim (exhibit-4) as well as the deposition it is noticed that both are extremely cryptic giving no scope to us to weigh the truthfulness of the statements. The statement and the deposition although both cryptic vary in its details. It would be difficult to conclude with absolute certainty that what the victim states in her deposition is not coloured by hallucination as she was certainly suffering from catatonic schizophrenia. There are other evidences which suggest that there could be other reasons which could have led to the present prosecution. Although, these evidences does not inspire us to believe them with absolute certainty nevertheless it is evidence led by the prosecution and they are bound by it.", the court observed.While allowing the appeal, the bench further observed:"Even if we consider that the victim had disclosed the fact to her mother it would not take the case further due to the compelling evidence led by the prosecution regarding her mental status which was also deposed to be true by the parents of the victim. What the victim deposed before the court may be true. However, 'may be' cannot be the bench mark in a criminal prosecution. We are required to hold a person guilty only after the prosecution convincingly lays before the court clear evidence to establish the guilt of the accused beyond reasonable doubt. The prosecution has failed to do so. This may have been because of the delay in lodging the FIR. We cannot base our judgment on surmises and conjectures."Case detailsMilan Kumar Rai vs State of Sikkim | 2022 LiveLaw (Sik) 13 | Crl. A. No.16 of 2021 Click here to Read/Download Judgment

"Victim Suffered Catatonic Schizophrenia ; Prone To Hallucinations & Delusions" : Sikkim High Court Acquits POCSO Accused

Ashok KM

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