Can mentally ill adult's rapist face trial by child abuse law?

The Supreme Court on Friday 1st, faced a complicated question of law- can a  man accused of sexually assaulting mentally challenged woman having the IQ  of an 8 year old be booked under the Protection of Children from Sexual Offences (POSCO) Act,which provides for life Imprisonment as punishment.
The incident took place in south Delhi posh Defence Colony,where a 38 year old woman suffering from cerebral palsy since childhood and with a mental age of eight years was allegedly sexually assaulted by a rich and influential person.
The victim’s mother is a reputed  medical practitioner who has contributed in government health problems and has also served as a medical officer in Indian Army. Through Advocate Aishwarya Bhati she challenged a Delhi High Court judgment which rejected her plea for transferring the case to a designated court under the POCSO Act.
A bench of Justices Dipak Mishra and Shiv Kriti Singh issued notices to the Delhi government and the main accused, Santosh Kumar Yadav,asking them why the case be not transferred to designated POCSOC court.
The mother informed the court that though her daughter was 38, she had the mental age of 8-9 year old. The accused is a rich and wealthy person in the locality and they still make attempts to attack the petitioner and her daughter. Complaints have been made about each attacks but the public servant has taken no action in this regard. The accused was finally arrested in July 2014 and the case was trailed by additional sessions judge of  a fast track court in Saket.
After putting a lot of effort for an in-camera recording of evidence of the prosecutor, the victim gave her statements in a child like manner. The trial judge refused to accept the childlike language in which the incident was narrated by the victim despite a practising psychologist interpreting the evidence. The mother also said that her attempt to video graph her daughter’s statement was also refused.

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