AAA Vs. LINDA SEMA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is by a minor victim 's mother impugning an order of the High Court [ Gauhati High Court, Itanagar Bench] dtd. 8/3/2022 in Criminal Revision Petition No.6 of 2021, whereby the discharge order passed by the Trial Court [ Court of Session Bomdila, West Kameng District, State of Arunachal Pradesh] dtd. 19/2/2021 has been affirmed.

(3.) A first information report [FIR No.01 of 2020 at Women Police Station, Seppa, East Kameng District, State of Arunachal Pradesh] was lodged by the appellant on 17/4/2020, inter alia, alleging that on 7/4/2020, her daughter[ Hereinafter referred to as Ms. XXX or the victim], aged 8 years, complained of pain in her private part. Upon enquiry, the victim told the appellant that in the month of November 2019, while the victim was in SRS school (a pseudonym), her senior, a Juvenile boy, had sexually assaulted her in the classroom; the incident was reported by her to her elder sister, a student of the same school, who, in turn, informed the Head Girl; thereafter, the Head Girl scolded the boy and reported the matter to the school authority. It was alleged that the school authority did not take action and did not even inform the informant, rather the boarders of that school were told not to disclose about the incident to anyone. It was also alleged that when the informant came to know about the incident, to ascertain the truth, she took the victim to the District Hospital where the Doctor, after check-up, confirmed that informant 's daughter is a victim of rape. On the aforesaid allegations, the informant (i.e., the appellant herein) prayed for action against the offender(s) including the school authorities/ staff.