Tutor gets 10 years in jail for assaulting minor boy in Ghaziabad

The court acquitted the convict of charges of raping the 7-year-old boy’s five-year-old sister citing lack of evidence

A Ghaziabad court on Thursday sentenced a tutor to 10 years’ imprisonment for sexual assault on a 7-year-old boy, while acquitting him of charges of raping the boy’s five-year-old sister.

The incident was reported in June 2018 from the Indirapuram police station limits. (Representational image)

The incident was reported in June 2018 from the Indirapuram police station limits. The mother of the children said she sent her two children for tuitions to a neighbourhood tutor, Dhananjaya Kumar Jha, and the two children on June 22, 2018, told her that Jha was sexually assaulting them for long time and threatened them against revealing the assault to anyone.

The Indirapuram police in this connection registered an FIR under Indian Penal Code sections 376 (rape), 377 (unnatural offences) and 506 (criminal intimidation) and also levied provisions of the Protection of Children from Sexual Offences (Pocso) Act on June 23, 2018. The police later submitted a charge-sheet in the case on August 21, 2018 while the sentencing by court was pronounced on Thursday.

The prosecution produced nine witnesses, including the two victim children, while the defence produced three witnesses, including the accused man.

The defence maintained that the charges were false and were levelled only after the tutor demanded pending tuition fee from the mother of the two children. But the court was not convinced of this argument.

“The court on Thursday sentenced the accused to 10 years’ imprisonment for unnatural offences against the minor boy while it acquitted him of charges of rape on the minor girl. The charges of rape could not be proved due to lack of evidence,” said Harish Kumar, special public prosecutor (Pocso).

The court in its order said the prosecution was able to prove, beyond a reasonable doubt, charges under IPC section 377, 506 and provisions of Pocso (section 6) in connection with the victim boy and also charges under IPC section 506 and Pocso (section 10) in connection with the victim girl.

“However, it could not prove charges under IPC section 376 (rape) and SC/ST Act. So Jha is found suitable to be held guilty under IPC section 377, 506 and provisions of Pocso (sections 6 and 10) while he is to be acquitted of charges of 376 (rape) and SC/ST Act,” the court said in its order.

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