Jharkhand Court acquits school vice-principal and nurse accused of sexually assaulting 8-year-old student

In the case of State of Jharkhand v Emerencia Lomga & Anr., a Jharkhand Court acquitted the vice-principal of a school and the school nurse who were accused of sexually assaulting an 8-year-old girl student. The case was tried under the Protection of Children from Sexual Offences Act (POCSO Act) and Special Judge Prabhakar Singh stated that the evidence of the child-survivor did not seem to be trustworthy, and thus the prosecution could not establish their case.

The case was filed by the victim's father who alleged that his daughter was raped and subjected to unnatural offences in collusion with the nurse, class teacher, vice principal, and others. The prosecution argued that the victim's statement and medical evidence corroborated the accusations of sexual assault.

The defence counsel countered that there were material contradictions and improvements in the victim's statement, which raised doubts about the prosecution's case. They argued that the evidence of sexual assault victims must be cogent, reliable, trustworthy, and should inspire the court's confidence. 

The Court examined the victim's statement before it and noted that it was an improved and contradictory version of her statement before the magistrate. The Court further observed that the father's evidence lacked basis, was based on suspicion, and assumptions. Therefore, the Court concluded that the prosecution case against the accused persons remained doubtful, and the two accused were acquitted.

Case: State of Jharkhand v Emerencia Lomga & Anr.

Counsel for Applicant: Special P.P Anil Kumar Singh

Counsel for Opposite Party: Adv. S.A. Malik

Order Date: 29.03.2023 

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