4-year-old’s rape: High court acquits 65-year-old man in 2011 case

The Bombay high court (HC) recently set aside the conviction of a 65-year-old watchman for raping a four-year-old girl in a school at Kalina in January 2011.

The Bombay high court (HC) recently set aside the conviction of a 65-year-old watchman for raping a four-year-old girl in a school at Kalina in January 2011.

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Justice Sadhana Jadhav struck down the conviction of Tillam Singh after noticing that there was no evidence suggesting sexual assault on the child and medical evidence also did not support the allegation.

The judge noted that the doctor who examined the child did not notice any injury marks on the minor’s private parts and the investigation officer had in terms, admitted that she discovered that no incident of sexual assault had taken place.

According to the prosecution, the alleged incident took place on January 28, 2011. The mother of the minor alleged that a teacher had locked her daughter in a room where Singh raped her. She claimed that another teacher had also slapped the child.

On February 6, an offence was registered based on the mother’s complaint, and Singh and two women were prosecuted for raping the child. In February 2013, the trial court convicted Singh for having unnatural sex with the child and sentenced him to seven years rigorous imprisonment. The two women were acquitted of all charges.

Singh appealed to the HC, where justice Jadhav acquitted him for want of evidence. The convict claimed that the serious charge was levelled against him because he refused to allow the minor’s uncle to enter the school.

The judge noted that despite not being charged under section 377 of the IPC for having carnal intercourse, Singh was convicted for the offence.