A court in Noida has delivered a significant verdict in a long-pending case of abduction and sexual assault of a minor, sentencing a man from Bihar to a decade of rigorous imprisonment. The judgment underscores the judiciary's firm stance on crimes against children under the stringent Protection of Children from Sexual Offences (Pocso) Act.
Court Delivers Verdict After Examining Multiple Witnesses
The case was presided over by a special Pocso judge in Gautam Buddh Nagar. The court found the accused guilty under Section 4 of the Pocso Act for committing penetrative sexual assault on the minor girl. For this offence, he was sentenced to 10 years of rigorous imprisonment. Additionally, he received a further two-year jail term under Section 366 of the Indian Penal Code (IPC) for abduction. The court ordered that both sentences will run concurrently.
Financial penalties were also imposed. The convict was directed to pay a fine of Rs 50,000 for the Pocso charge and another Rs 20,000 for the IPC offence. Failure to pay the fines could result in additional simple imprisonment.
Chilling Details of the 2016 Abduction Emerge in Court
The origins of the case trace back to February 29, 2016. The victim's father filed a First Information Report (FIR) at the Sector 20 police station in Noida. Initially, the complaint named four family members of the accused under sections 363 (abduction), 366, and 120B (criminal conspiracy) of the IPC.
During the investigation, police identified the man as the primary accused. Consequently, charges against his family members were dropped, and a chargesheet was filed solely against him on June 13, 2016. The charges included sections 363, 366, and 376 (rape) of the IPC, along with sections 3/4 of the Pocso Act.
The prosecution built its case on the testimony of six witnesses, which included the survivor and her father. The defence, in turn, presented five witnesses. The girl's account, recorded before a magistrate under Section 164 of the CrPC, was consistent and pivotal.
Survivor's Testimony and Defence Claims
In her statement, the survivor recounted a harrowing ordeal. She stated that she woke up around 3:30 am on February 29, 2016, to find herself surrounded by the accused and his family. She was then forcibly taken to Anand Vihar Railway Station and subsequently to Saharsa district in Bihar.
She further testified that she was kidnapped and compelled to marry the accused on March 6, 2016, after which she was subjected to regular sexual intercourse. Overcome by fear, she felt unable to disclose the coercion she was facing. The court also noted her statement that after being rescued, she refused a medical examination due to pressure from the police.
The defence argued that the girl and the accused were acquainted and were in a romantic relationship. The accused claimed she had written letters threatening suicide if he refused to marry her. However, the court established a crucial fact: the girl's date of birth was April 5, 1999. This legally confirmed she was under 17 years old at the time of the incident, firmly placing the case under the purview of the Pocso Act and invalidating the consent-based defence.
The verdict brings a measure of closure to an eight-year legal battle, highlighting the rigorous process of justice in cases involving the safety and dignity of minors.
