Mumbai, Mar 26 (NIE): the trustee and a woman teacher of a suburban school, who were booked for sexually abusing a three-year old student, a special court observed that courts cannot be allowed to be swayed by emotions of public or of the media.

“It cannot be ignored that the court has to confine itself to the ambit of law and the contents of the record as well as the testimonies of the witnesses and it cannot be allowed to be swayed by emotions of public or of the media,” the court said.

While the victim had answered in affirmative to being asked if she was asked to keep a secret by the trustee, whom she had referred to as the ‘boy teacher’, other questions pertaining to the sexual abuse, she had answered in the negative.

The prosecution had said that considering the tender age of the victim, it is sufficient evidence on her part to prove the case.

“The picture which emerges from the testimony of PW 11 (victim) clearly shows that she was never ravished by anyone in the school,” the court said.

The court said that while it appreciated the ‘vigilance and concern’ of the victim’s mother, who had registered the FIR after the victim told her about being abused, it said that suspicion, however strong, cannot be allowed to take place of proof. It also said that the prosecution had failed to examine the victim’s elder sister, who also studied in the same school as well as the counsellor of an NGO, who had first counselled the girl after the FIR was registered.

The court also said that medical test conducted 56 days after the alleged incident, led to no injuries marks being found, which could corroborate the prosecution’s case.

The two accused were acquitted earlier this month by the special court in Dindoshi.