The case has been lodged against the boy, who is likely to be the youngest accused under the Protection of Children from Sexual Offences (POCSO) Act and Section 376 of IPS. According to the statement by girl's mother, the girl complained of pain in her abdomen after returning from school on Friday (November 22).
According to the victim's mother, she came to know about the incident after her daughter returned from school and narrated what happened to her at night while writhing in pain because of "some injuries she had sustained in her private parts". According to press reports, the girl said the boy unbuttoned her trousers and used a finger and a sharpened pencil to assault her and allegedly kept hurting her as no one was around at the time. The mother said the alleged abuse had left her daughter scarred and she runs away whenever it is brought up at home.
The parents have accused the school management of negligence and have also alleged that the principal, a teacher and a coordinator offered no help after learning of the incident.
"The Indian Penal Code (IPC) provides children below seven years of age certain protections against prosecutions. We are examining those provisions even as we are handling the matter with the highest degree of sensitivity", Pathak added. Initially, her mother ignored the complaints as she thought that the girl was simply throwing tantrums.
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The girl also told them that when the incident took place no staff member was present inside the class. She was taken to a hospital where doctors confirmed sexual assault, police said. She informed the school again on Saturday, but the authorities allegedly did not cooperate with her and instead asked her to give a written complaint on Monday.
The police is now in dilemma of how to proceed with the case since the suspect is a 4-year-old minor.
Dr Samir Parikh, Fortis Healthcare's department of mental health and behavioural sciences Director speaking on the case said, "We must understand that it is absolutely not possible for a four-year-old to understand sexual behaviour".