19-year-old gets 15-year jail term for sexually assaulting minor

A special Protection of Children from Sexual Offences (Pocso) Act court on Friday sentenced a 19-year-old to 15 years rigorous imprisonment for allegedly sexually assaulting a minor

A special Protection of Children from Sexual Offences (Pocso) Act court on Friday sentenced a 19-year-old to 15 years rigorous imprisonment for allegedly sexually assaulting a 12-year-old-girl.

A special Protection of Children from Sexual Offences (Pocso) Act court on Friday sentenced a 19-year-old to 15 years rigorous imprisonment for allegedly sexually assaulting a minor.

Judge Priti Kumar Ghule convicted the accused under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 376 (rape) of Indian Penal Code and under sections 4 (Penetrative Sexual Assault), 8 (sexual assault) and 10 (aggravated sexual assault) of Pocso Act, 2012.

Reacting to the plea of the accused for leniency, the judge observed, “The court has to strike balance between reformative theory and principle of proportionality. Sentencing for any offence has social goals, the accused must realise the crime has created a dent in his life and also concavity in the social fabric. Punishment should serve as a deterrent.”

“The accused has chosen a minor to satisfy his lust. The accused did not protect the child but abused her and her childhood. The children are the future of the country. The offence will leave a scar on the mind and body of the survivor. It will be difficult for her to concentrate on her studies and make a good future. Hence, minimum punishment is not appropriate in the matter,” said the court.

Special public prosecutor VD More had argued that the case date backs to 2019, the victim has two brothers, her father works as a carpenter and her mother had gone to their native place when the accused, a neighbour allegedly assaulted her.

The accused, on several occasions called the survivor to his house under different pretexts and misbehaved with her. One day he dragged her to his house and misbehaved with her, she managed to rescue herself and called for help. Her father and the public gathered and even beat the accused.

More argued that the offence of sexual assault was proved beyond reasonable doubt and sole testimony of the survivor was sufficient to convict the accused. There was sufficient content and trustworthy evidence for a conviction.

Advocate Roshni Singh, who appeared for the accused argued that the entire complaint is based on false and fabricated statements of the survivor’s father and the victim. Though there are several witnesses, only interested witness survivor’s family members are examined by the prosecution. The survivor’s statement lacks adequate corroboration and cannot be relied upon and benefit of doubt should be in favour of accused.”

The court observed, “It is pertinent to note that the offences of rape are in the four walls and the survivor is the best witness.”