The court affirmed that the testimony of disabled victims is valid and must be given due weight, and that delays in filing complaints do not automatically invalidate serious allegations.

ORDER :

M.Nagaprasanna, J.

The petitioner/accused is before this Court calling in question proceedings in Special Case No.28 of 2024 pending before the Additional District and Sessions Judge, FTSC-1, Tumakuru, arising out of Crime No.154 of 2023 registered for offences punishable under Sections 376(l) of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘the Act’ for short).

2. Heard Sri H.E. Purushothama, learned counsel appearing for the petitioner and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor for respondent No.1.

3. Facts, in brief, germane are as follows:

The 2nd respondent is the complainant, mother of the victim child. It is the allegation of the complainant that on 10.12.2023 while she was doing her household work at 3.15 p.m., her daughter was playing alone in front of the house. After about 30 minutes, she noticed that her daughter was missing as she was not found in the same place playing. She goes in search of her daughter and notices that her daughter was coming out of the house of the petitioner holding her shirt and pant in her hand. When she enquired with her daughter, she was informed that the petitioner on the pretext of giving her sugarcane has taken her to the bathroom of his house, removed her clothes and caused pain. She points out at her private parts where the petitioner has indulged in sexual assault on the child.

4. The mother go over the house of the petitioner to enquire and then saw the petitioner coming out of his bathroom in his minimal clothing. Thereafter, the mother did not immediately complain as she was apprehensive of her reputation or her daughter’s reputation being damaged. But, when the daughter went on repeatedly complaining of experiencing pain in the vaginal region, gathering courage, the complainant registers the crime on 21.12.2023 which is close to 11 days after the alleged incident. Based upon the said complaint, a crime in crime No.154 of 2023 comes to be registered for offences punishable as afore-quoted. The Police conduct investigation and file a charge sheet. The statements tendered by the victim or the mother of the victim had driven the petitioner to this Court in the subject petition contending that such incident has never happened.

5. The learned counsel appearing for the petitioner would vehemently contend that the incident alleged has never taken place. It is no doubt true that the petitioner had taken the victim to his house but, he has not indulged in such acts. He would rely on the statement of the victim under Section 164 of the Cr.P.C. to contend that the proceedings should be quashed relying on the said statement.

6. The learned Additional State Public Prosecutor on the other hand would contend that the allegation against the petitioner is grave as he has indulged in sexual assault on a mentally retarded child. Therefore, it is an unpardonable act on the part of the petitioner who is 48 years old and the statements that he wants to rely on, should be tested in evidence. He would seek dismissal of the petition.

7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

8. The afore-narrated facts are a matter of record. The victim child who is 13 years old, mentally retarded is an admitted fact. The allegation is that, on 10-12-2023, the petitioner takes the child into his house and has allegedly indulged in sexual assault upon the child. The mother though became aware of the factum of sexual assault, owing to the position of the family in the society and disability of the daughter did not choose to complain immediately. But, when the daughter persistently complained of pain in the vagina, the complaint emerges after about 11 days. Though the complaint is registered after 11 days, it is not a case that it would become fatal to the prosecution owing to the fear faced by the mother to keep quiet. However, the complaint then comes to be registe