NEW DELHI: Delhi’s Tis Hazari Court has recently held a person guilty of sexually assaulting an 18-month-old girl, and asked the central government to “sensitise” investigation officers to collect “biological evidence” in the form of nail clippings or fingernail scrapings in all cases of “hand-genital contact.”
Special Judge Protection of Children from Sexual Offences (POCSO) Babita Puniya convicted the accused under sections of the Indian Penal Code and POCSO for sexually assaulting the girl.
The accused is held guilty and convicted for the offence punishable under section 5 (m) read with section 6 of the POCSO Act and section 376-AB/342 IPC, the court said.
The court expressed its concern over the non-collection of nail clippings and said that since this was a case of digital rape, the investigating agency should have collected the nail clippings and fingernail scrapings of both hands of the accused.
“Before parting with this judgement, I must note that since this was a case of digital rape, the investigating agency should have collected the nail clippings and fingernail scrapings of both hands of the accused. However, it was not done,” the judge said in the judgement passed on January 17.
The court said that therefore, investigating officers (IOs) may be sensitised to collect biological evidence in the form of nail clippings or fingernail scrapings in all cases of hand-genital contact because it can provide a DNA profile of the victim and may help the court in arriving at a just decision in the case. In addition, finger swabs should also be collected.
The court has directed sending the copy of the judgement to the secretary of the Union Ministry of Home Affairs and the Delhi Police Commissioner for information, compliance, and necessary action. The court passed the direction in a case of sexual harassment of a minor.
The court said, “If the courts started insisting on direct evidence, all the wrongdoers would go scot-free.”
Additional Public Prosecutor Sharwan Kumar Bishnoi submitted before the court that the prosecution has not only successfully proved that the victim was a child below twelve years at the time of the commission of the offence but has also proved the offence through ocular, medical and forensic evidence.
On the other hand, it was submitted by the counsel for the accused that he is innocent and has been implicated due to some confusion. He submitted that the accused was cutting salad when the child came there. Chilli stalks were lying there. The girl/victim got hurt by the chilli stalks and started crying. He picked the child up inQhis lap to calm her down and in the meantime, the complainant came there and started making noise without giving him a chance to explain.
The court noted that the prosecution proved the incriminating circumstances against the accused, including the victim’s mother hearing the shrieks of the child, finding her daughter in the accused’s lap, and the injury on the private parts of the girl. (ANI)