Recently, the special POCSO court has made an important comment while sentencing two people accused in the Rape Case.
The court held that DNA test cannot be conclusive evidence in rape, it can only be used as evidence for confirmation.
The court said that the test does not confirm that both are the biological father of the victim's child, but it cannot be assumed that they did not sexually assault the minor.
The bench of Justice Seema C Jadhav was hearing the matter. Based on the testimony of a 16-year-old minor, the court convicted two people for sexually assaulting her and sentenced them to 20 years. The victim had accused the husband of her mother's friend and the person working at the shop of sexual harassment. Doctors told that mentally the victim is 11 years old.
The court said that the accused are mature and such heinous crime has affected the victim physically and emotionally.
Further, the court said that such acts become a stigma for the victim for life.
The court imposed a fine of 25 thousand rupees on both and said that this amount will be given as compensation to the victim.
The Court in its remarks said, "Such incidents have a great impact on the victim and no amount of compensation can be sufficient nor can provide relief to the victim, but monetary compensation can at least give him some solace."
In this case, 11 people including the minor, her aunt, doctors and the police testified in the court. The mental assessment of the victim was done, in which the doctors told that her IQ is as much as that of a child of 11 years and 5 months.
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