Pocso court sentences 30-year-old to 5 years in jail
A special Protection of Children from Sexual Offences (Pocso) court on Friday sentenced a 30-year-old to five years of imprisonment and fined him ₹15,000 for assaulting a minor girl by kissing her in a lift.
According to the prosecution, the incident took place on December 27, 2016 at 8.30pm when the 10-year-old girl was heading to a friend’s residence on a lower floor of the same building.
Special public prosecutor Geeta Sharma pointed out that when the minor took the lift from eleventh floor to visit a friend on the ninth floor, the accused was already present in the lift and as soon as the lift door closed he pulled the girl towards him by touching her back and kissed her.
In the CCTV footage, the girl was seen struggling to release herself from the clutches of the accused who stayed in the same building.
The accused had argued that he had kissed the child out of love and affection and there was no sexual intention behind it as he was impotent. After going through the CCTV footage, the court, however, said the accused did not deserve any leniency as the victim was dejected, frightened and hurt after the incident.
Defence counsel Shakuntala Sharma had tried to prove before special Pocso judge Bharti Kale that the accused was mentally ill, impotent and was taking treatment. He had also taken a stand that when the incident happened the man had beard and moustache and it was not him.
However, the special court after going through the CCTV footage noted that the accused had held the girl very tightly and the minor was seen struggling and opposing.
The court also took into consideration medical report that showed that the accused had no major mental conditions and was conscious, oriented to time, place and person. As regards to the claim of impotency, the court said his medical record showed no physical abnormality in him.
The court held the accused guilty of the offences punishable under section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code and relevant sections of the Pocso Act and sentenced him to five years.