The Gujarat High Court has ordered lie detector, narco analysis and brain mapping tests on the three family members of a 7-year-old child who is claimed to have been subjected to repeated sexual assault by her teacher.
"To level allegations of sexual assault against any person is something very serious. Ultimately, if such allegations are found to be false, then there is no way in which the person against whom such false allegations are leveled can be compensated," Justice J B Pardiwala said.
The reported incident took place in 2017 when the grandmother of the girl filed a police complaint saying the child was subjected to sexual assault by the head-teacher of the Shahpur Municipal School where she was studying.
The police registered a case against the accused, Sunilbhai Damor, under section 376, 376 (B) of the IPC and various sections of Protection of Children from Sexual Offences Act.
The lawyer representing accused, Sunilbhai Damor, submitted that allegations levied against his client were false and that the child was tutored by her parents and family.
He said the parents had done this over a dispute with regards to the school-leaving certificate and admission of the victim in the school.
The Gujarat High Court later asked the accused to undergo lie detection, brain mapping and narco analysis tests, to which the accused acceded.
"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 said.
The allegations were also not substantiated by the statements of other girls in the class.
"If any of the three offer any resistance in this regard then the same by itself will be an indication of their guilty conscience," the court said.
Justice Pardiwala said that the criminal court was not only the guardian of the victims. "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".
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 present appropriate evidence, both oral as well as documentary, for the purpose of establishing its case beyond the reasonable doubt.
The judge also granted regular bail to the accused in the case.
