A special court in Ghaziabad has delivered a significant verdict, sentencing a man to 20 years of rigorous imprisonment for the abduction and rape of a five-year-old girl that occurred seven years ago in the Vijayanagar industrial area. The court also imposed a fine of Rs 1.1 lakh, directing that the amount be used for the minor survivor's treatment and rehabilitation.
The Horrific Night of the Crime
The traumatic incident dates back to July 24, 2018. The young victim was sleeping next to her grandmother in their courtyard when the accused, a resident of the same industrial area, abducted her. He took the unconscious child to a desolate spot, where he sexually assaulted her.
The crime, however, did not go unnoticed. Alerted by the screams of the girl's father, neighbours rushed to help. Their quick action led to the accused being caught red-handed at the scene. One neighbour's testimony in court described finding the unconscious child lying in a pool of blood and chasing and nabbing the fleeing man.
Legal Proceedings and Key Testimonies
The girl's father registered a First Information Report (FIR) at the Vijaynagar police station on the same day under Section 376 of the Indian Penal Code (IPC). The police later added charges of abduction under IPC Section 363 and sections under the Protection of Children from Sexual Offences (Pocso) Act for aggravated penetrative sexual assault.
The prosecution built a strong case, presenting seven witnesses. This included the brave survivor herself, her father, three eyewitnesses, and the examining doctor. The child, in her testimony, identified the accused and recounted how he took her behind bushes, did 'dirty things,' and tried to strangle her. Her account was powerfully corroborated by the neighbour who caught the perpetrator.
Medical Evidence and Judicial Reasoning
The medical examination confirmed external and internal injuries on the minor. The doctor's analysis indicated signs of forceful penetration by a blunt object. While the forensic report on the presence of sperm was pending, the court's judgment was clear.
Presiding Judge Deepika Tiwary cited a Supreme Court judgment (Santosh Kumar vs State of MP, 2006), ruling that the determination of rape does not require complete penetration or emission of semen; even an attempt is sufficient under the law. The judge declared the testimonies of the minor and the eyewitnesses as 'sterling' and found the accused guilty.
The court ordered that the time the convict has already spent in jail during the trial be adjusted against his 20-year sentence. The chargesheet was filed on September 19, 2018, charges were framed on February 17, 2020, and the case was transferred to the special Pocso court on January 2, 2024, culminating in this long-awaited verdict.
