Assam: Jailer detained for sexual assault in Golaghat district of Assam

A Correspondent

GOLAGHAT: Jailor of the Golaghat district jail is accused of sexual assault. He was detained to appear in court on Wednesday.

As per reports, Hitesh Dev Choudhury, Jailor of Golaghat district jail was caught by Golaghat police for sexually assaulting a female doctor in the district jail campus.

Earlier in April, the Gauhati High Court, in a significant decision, has clarified that the charge of penetrative sexual assault under the POCSO Act can be invoked even on the slightest penetration, and it is not necessary to show hymen-tear of the victim in such cases.

The absence of a tear in the hymen or lack of genital injuries is not always a reason to disbelieve a victim’s testimony that she was subjected to penetrative sexual assault, the Gauhati HC held.

The single-judge bench of Justice Kaushik Goswami, while hearing the case (Crl.A./9/2020), observed: “The finding of the Trial Court to the effect that ‘the absence of any sign of laceration, bruise, scratch mark, etc. on the external and internal body of the victim raises suspicions and doubt on the evidence of the victim and does not inspire confidence’ is manifestly erroneous and not a possible view.”

It was further noted by the HC that a charge of penetrative sexual assault can be made out the moment there is some degree of insertion, and so, non-tear of the hymen is of no consequence.

To wrap up the case, on September 8, 2016, an FIR was lodged by the informant victim, aged about 13 years, stating that she was living at the house of the accused (respondent No. 1 in the case) for her primary education. It was alleged that on September 5, 2016, she was a passenger in the vehicle of the accused, who was going to Damcherra, and was to be dropped off at her house situated on the way.

It was further alleged that the accused stopped his vehicle on the outskirts of Bualzau village and dragged the victim to a jhum hut, where he took off her pants and underwear. It was further alleged that the accused touched the informant victim’s private parts. Accordingly, a case was registered under Section 6 of the POCSO Act, 2012.

 Also Read: Man arrested for sexual assault in Guwahati city (sentinelassam.com)

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