Witchcraft: Delhi man convicted of sexually assaulting minor girl
A man, who claimed to cure backaches through witchcraft, has been convicted of sexually assaulting a 12-year-old girl on the pretext of treating her, with a Delhi court relying on the victim's sole testimony. Additional Sessions Judge Amit Kumar held Shankar guilty of assaulting and inappropriately touching the girl after sending her mother out to get some items to be used in treatment.
Quantum of punishment yet to be announced
The court, which held the man guilty of the offense of sexual assault under the Protection of Children from Sexual Offenses (POCSO) Act, is yet to pronounce the quantum of punishment. The convict faces a maximum of five years' imprisonment.
Court relied on the testimony of the victim
The court relied on the testimony of the victim, who said her mother had taken her to the convict's house in north-west Delhi for treatment of her backache through witchcraft but, instead, he inappropriately touched her private parts after sending her mother out to bring lemons for treatment. It noted that the girl was consistent with her statements before the police and the court.
Accused can be convicted on the testimony of reliable witness
"There's no delay in lodging the FIR and accused was arrested from the spot. Only because no public witness joined the investigation is no ground to disbelieve the complainant or to hold that the prosecution could not prove the case," court said. "If the victim's testimony is trustworthy and reliable, the accused can be convicted on the sole testimony of reliable witness," it said.
Girl was taken to Shankar's house in 2013
According to the prosecution, the girl was taken to Shankar's house on July 10, 2013, for treatment of her backache through "jhada" (a form of witchcraft). The man sent the girl's mother out of his house to get lemons for treatment, after which he sexually assaulted her, it alleged, adding that the child immediately ran out of the house and informed her mother.
Man claimed he was falsely implicated by the victim's mother
A complaint was lodged at the Shalimar Bagh police station, and the accused was arrested. During the trial, he denied the allegations and claimed he was falsely implicated by the victim's mother as he refused to treat her daughter whom she brought at closing time.
