Source – indianexpress.com<\/p>\n\n\n\n
A minor girl\u2019s sketch of a house, a girl carrying balloons and a dress lying beside her, had convinced a Delhi court to convict the man who allegedly sexually assaulted her. The accused, who is the victim\u2019s uncle, was awarded five years\u2019 rigorous imprisonment in 2017.<\/p>\n\n\n\n
Dismissing the appeal filed by the accused against the verdict on Monday, the Delhi High Court said it did not concur with the trial court\u2019s conviction based on the victim\u2019s sketches.<\/p>\n\n\n\n
Justice Vibhu Bakhru was of the opinion that the \u201ctestimony of the child is quite clear and there is no doubt that the appellant had sexually assaulted the child\u201d.<\/p>\n\n\n\n
\u201cThe contention that the child had implicated the appellant because he used to scold her is unpersuasive. The child has clearly described the sexual assault committed on her; this court is unable to accept that the child of such tender years could have conceived of a devious plan for making such vile allegations to implicate a close relative only because he would scold her and compel her to do her school work,\u201d it added. Justice Bakhru observed that there is \u201cmuch merit in the appellant\u2019s contention that the inference drawn by the trial court on the basis of the sketch drawn by the child is unwarranted\u201d.<\/p>\n\n\n\n
\u201cThis did not, in any manner, indicate that the child had an intermingled relation, or any inference of commission of a sexual assault could be drawn by the said sketch\u2026,\u201d said the court.<\/p>\n\n\n\n
During the proceedings before the trial court, the girl was given paper and crayons. She began sketching an abandoned house, a girl holding balloons and a dress lying beside her.<\/p>\n\n\n\n
The trial court judge had regarded the sketches as the victim\u2019s impression of her ordeal: \u201cIf the elements of this drawing are considered\u2026commission of sexual assault upon her\u2026 becomes evident.\u201d<\/p>\n