Rapist to be tried as per bio age, not mental age, of survivor: SC

The Supreme Court has ruled that the Protection of Child against Sexual Offences Act 2012 (POCSO) cannot be invoked to prosecute a man for raping a mentally-challenged adult victim, whose under-developed brain is akin to a child’s.

A victim’s plea to prosecute her rapist under the stringent act was denied by the top court on Friday.

Taking a stand contrary to its March ruling, the court also abated proceedings against the sole accused — Santosh Yadav — who died during trial court proceedings. Taking a humanitarian view, the SC had then ruled that proceedings in a case involving rape of a woman with mental disability would continue despite the sole accused being dead.

The top court judgment came while deciding on a case where a 38-year-old woman, suffering from cerebral palsy, who was allegedly raped by Yadav. Nina (name changed) wanted her case transferred from the trial court to a special court hearing POCSO cases. Nina, though biologically an adult, is mentally eight years old. After the incident in 2010, Nina further regressed to the mental age of a three year old.

“As regards the quantum, I am of the convinced opinion that it is a fit case where the victim should be granted …read more