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HC orders polygraph on alleged rape victim’s family members

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Source: GujaratHC

Ahmedabad: The Gujarat High Court on Friday ordered lie detection, Narco Analysis and Brain Mapping tests on three family members of a 7-year-old girl who, according to her family, was allegedly subjected to repeated sexual assault by her teacher.

The court order came after the lie detection and other tests were conducted on the accused, Sunilbhai Damor, which raised serious doubt regarding his involvement in the alleged crime.

“Levelling allegations of sexual assault against any person is something very serious. Ultimately, there is no way the person can be compensated if such allegations are found to be false,” Justice J.B. Pardiwala said.

Justifying the need for the tests to be carried out on the applicants, the court said: “The first informant, her son and the mother of the victim, they all should be subjected to the three tests. Subjecting these three witnesses to scientific tests… will make the picture more clear…If any of the three offer any resistance in this regard then the same by itself will be an indication of their guilty conscience.”

In 2017, the grandmother of the girl had filed a police complaint alleging that she was sexually assaulted by the head teacher of Shahpur Municipal School.

The police registered the case against Damor under various sections of the IPC and Protection of Children from Sexual Offences (POCSO) Act.

However, Damor’s lawyer said allegations against his client were false and that the child was tutored by her parents and family.

The Gujarat High Court later asked the accused to undergo lie detection, Brain Mapping and Narco Analysis tests.

“The reports of the three tests on the accused prima facie create a serious doubt regarding his involvement in the alleged crime. In fact, the report of the Narco Analysis, as well as the report of the Brain Mapping test, gives a clean chit to the accused. The two reports state in clear terms that the accused is innocent,” the court observed.

The allegations were also not substantiated by the statements of other girls in the class.

Stating that the criminal court was a guardian of not only the victims alone, Justice Pardiwala said: “While the courts protect a genuine victim, it is equally the duty of the court to ensure that an accused is punished only for the act which he has actually committed.”

While granting regular bail to the accused in the case, the court, however, said that the reports of the three tests by itself would not put an end to the trial and it would be open for the prosecution to lead appropriate evidence, both oral as well as documentary, for the purpose of establishing its case beyond the reasonable doubt.