In a significant verdict, a fast-track special court in Panaji, Goa, has handed down a 20-year sentence of rigorous imprisonment to a man convicted of aggravated penetrative sexual assault on a minor. The judgment, delivered under the stringent Protection of Children from Sexual Offences (POCSO) Act, marks a firm stance against crimes targeting children.
Court Delivers Stringent Sentences for Multiple Charges
Presiding officer Durga V Madkaikar at the Panaji fast track special court (POCSO) pronounced the judgment, stating that the evidence on record was sufficient to establish the accused's guilt beyond reasonable doubt for the sexual assault charges. However, the charge of kidnapping was not proven to the same standard.
The court imposed multiple sentences for the various offences. These include:
- 20 years of rigorous imprisonment for aggravated penetrative sexual assault under the POCSO Act.
- 10 years of rigorous imprisonment for the charge of rape.
- 10 years under Section 4 of the POCSO Act for penetrative sexual assault.
- Five years under the POCSO Act for sexual assault.
- Three years of rigorous imprisonment for sexual harassment of a child under the POCSO Act.
- One year for voluntarily causing hurt.
The court directed that all sentences would run concurrently, meaning the convict will serve a maximum of 20 years in prison. The court also ordered that any fine amount realized from the accused would be paid to the survivor after the statutory appeal period is over.
Prosecution's Case and Hostile Witness
According to the prosecution, the accused had kidnapped the 17-year-old girl, assaulted her, and raped her on multiple occasions. The accused, however, pleaded innocence, claiming he was falsely implicated and that the girl had come to his house of her own volition.
A notable challenge in the trial was that the survivor turned hostile during the proceedings. Special public prosecutor A Bhobe informed the court of this development. Despite this, during her cross-examination, the survivor admitted to the entire case presented by the prosecution. Her testimony was further corroborated by her brother, which strengthened the case against the accused.
Testimony Overrides Lack of Medical Evidence
The prosecution faced another hurdle as the survivor refused to undergo a medical examination. Nonetheless, the prosecution successfully argued that her detailed testimony, supported by other evidence, was sufficient to prove the guilt of the accused beyond a reasonable doubt. The court accepted this argument, emphasizing the weight of a victim's statement in such grievous offences.
This verdict from the Panaji fast-track court underscores the judiciary's commitment to expediting justice in cases involving sexual violence against children, leveraging the framework of the POCSO Act to deliver stern punishments.
