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Trio acquittal upheld in child molestation case
The Court of Appeal in Dubai upheld on Sunday the acquittal of three men accused of molesting a four-year-old girl on a school bus.
- PUBLISHED: Mon 20 Jun 2011, 8:21 AM UPDATED: Wed 11 Sept 2024, 1:09 PM
The verdict was pronounced by Judge Abdel Latif Farhan. However, the case was looked into by Presiding Judge Eissa El Sherif with member judges Mahmoud Fahmi Sultan and Rashid Al Sumari.
The trio had been acquitted by the Court of First Instance in April.
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The case involved two supervisors and a driver, all Indians (aged 26, 37 and 44). The three accused had pleaded not guilty to molestation all along. They were bailed out after spending about four months in provisional detention. Sunday's verdict remains subject to appeal by the Public Prosecution within 30 days at the Court of Cassation.
The Public Prosecution said in its arraignment sheet that the three men allegedly conspired and agreed to molest the girl. They took advantage that they were trusted with the little ones and breached that trust in the worst way. The pupils returned early that day and the three defendants drew their plan accordingly. It allegedly happened in November last year. The prosecution accused them of molesting the girl as she was sleeping in the bus during travel from school to home.
Earlier, defence counsel Samir Jaafar argued in court that the case lacked proof and substantial evidence which made the accusations unreasonable. Jaafar based his arguments on the forensic report of the Criminal Lab of the Dubai Police to ask the appellate court to uphold the preliminary acquittal verdict of his clients.
The forensic report of the Criminal Lab said that there were no injuries inflicted on the girl's private parts and no evidence of sexual intercourse. No blood stains or semen were found on the child's clothes or in the bus considering the fact that blood stains remain and do not fade. The child is still a virgin. The medical panel found that the reddish marks on her sensitive parts were caused by poor body hygiene and bad health care. It was also known that one of the supervisors was not present on that bus that day.
Jaafar argued that a route map by the Global Positioning System (GPS) could also be used to show that the bus did not divert from its usual journey on the day of the alleged incident. In his defence, he said that the police complaint was filed 59 days after the alleged molestation took place. “It is impossible to wait all that time to file a lawsuit if there is a serious crime like this one.”
The preliminary court verdict read that it could not rely on the confessions made by the defendants to the police as these were made without any translator available. “The confessions during the interrogations by the Public Prosecution do not also stand since they are incompatible with the technical reports. In addition to the fact that the statements and accounts differ from one defendant to another, the confessions also do not stand in the presence of the forensic report. The confessions were thus ruled out.” The verdict also relied on findings of a medical panel, which was formed by the Ministry of Justice, to determine whether the girl was molested or not. The court panel could not also rely on the mother's statement.
Jaafar termed the accusations as malicious and fabricated aimed at extortion. There is no eyewitness or a single proof that could incriminate the defendants, he argued.
Chronology of case
7 April:All three acquitted in child abuse case
The Court of First Instance, presided by Judge Fahmi Mounir Fahmi, with member judges Jassem Al Blushi and Maher Al Mahdi, acquitted three men of the charge of molesting a four-year-old Indian schoolgirl on a bus.
24 March: Child molestation case verdict likely on April 6
The Court of First Instance is expected to pronounce its verdict on the case of alleged molestation of a four-year-old Indian schoolgirl on April 6. Lawyers of the three men accused of molesting the schoolgirl argued in court on Wednesday that the case lacks in proof and substantial evidence which made the accusations unreasonable.
17 March: Forensic expert testifies in schoolgirl abuse case
The Court of First Instance heard from forensic experts that there were no blood or semen stains on the clothes of the four-year-old girl who was allegedly abused by three men on her school bus. Police forensic expert said there were no traces of blood or semen on the clothes of the girl and on the bus. She also told the court that there were no injuries to her private parts and said that the child could have been groped, but evidence did not point to sexual intercourse.
28 February: Girl molested, not raped, in school bus: Forensic report
The Dubai Public Prosecution has referred three men to the Court of First Instance on the charge of molesting a four-year-old Indian girl in a school bus and sought punishment according to Articles 44, 121 and 356 of the Federal Penal Law, upon an order from the Dubai Attorney-General Eissam Issa Al Humaidan on Sunday.
4 February: Medical panel formed in child abuse case
The Public Prosecution is keen to leave no loose ends in the alleged molestation case of a four-year-old girl on a school bus last November and has intensified efforts to find out the truth. Khaleej Times has now learnt that an independent medical panel has been appointed to determine the role of the three detained suspects in the alleged incident.
16 January: Dubai Police investigates child's rape
The Dubai Police arrested three Indians for allegedly raping a four-year-old girl in a school bus. The investigation team set traps to arrest these criminals. Interrogation is still underway to find out whether the convicts have committed similar crimes earlier.
18 January: Indian consulate calls for steps to prevent abuse
The Indian Consulate in Dubai will work with schools and parents to set up mechanisms that can prevent incidents of child abuse, the Consul General of India, Sanjay Verma, said on Monday. Responding to reports about the alleged rape of a four-year-old Indian girl onboard her school bus, Verma said the community has expressed “anxiety and anger” over the incident.
16 January : 4-year-old raped by school bus driver, attendants
The Dubai Police arrested three Indians for raping a four-year-old girl in a school bus. On January 11, the child's mother informed the Bur Dubai Police station that three Indians, including 42-year-old driver MB, 43-year-old attendant J, and 39-year-old cleaner VST, who work for a school based in Nad Al Shiba had raped her daughter in the school bus on November 11, 2010.