Ghaziabad: A special court under the Protection of Children from Sexual Offences (Pocso) Act has sentenced a 22-year-old man to 20 years of rigorous imprisonment for sexually assaulting a six-year-old girl in an incident that occurred three years ago. The accused, a resident of the same neighbourhood, lured the minor girl away from her play area and subjected her to aggravated penetrative sexual assault. The crime came to light when the victim's mother caught the accused in the act.
Court's Observations
Additional Sessions Judge Poonam-II, while delivering the verdict, emphasised the severity of the crime. The judge noted that such acts create a sense of insecurity and distrust among neighbours in society. Taking into account all facts, circumstances, and the social and economic status of the accused, the court sentenced him to 20 years of rigorous imprisonment along with a fine under Section 6 of the Pocso Act, 2012.
Details of the Incident
According to the prosecution, the incident occurred on November 6, 2023. The victim's mother filed a complaint at the Ankur Vihar police station, stating that other children in the neighbourhood informed her that the accused had lured her daughter away. When she went searching for the girl at the accused's home, she found her daughter screaming for help from a locked room. The accused managed to flee, and his mother allegedly misbehaved with the complainant.
Legal Proceedings
Charges were framed against the accused and his mother on March 1, 2024. Both denied the charges and opted for a trial. The prosecution presented six witnesses, including the victim and her mother, while the defence produced two witnesses. The special public prosecutor, Satish Kumar Sharma, argued that the minor's statement, corroborated by her mother, proved the incident beyond reasonable doubt. The defence, however, questioned the absence of a medical report and the complainant's refusal for an internal examination of the girl.
Court's Verdict
The court, after hearing both sides, found the girl's testimony to be consistent and credible. In her cross-examination, the girl stated that the accused threatened her friends, dragged her into a room, and assaulted her. She also mentioned a fight between the accused and her mother after the assault. The court noted no material contradictions in her testimony that could impact its credibility. Furthermore, the court held that a medical report is not mandatory for conviction in sexual assault cases, as the commission of rape is a legal definition, not a medical one. Based on these observations, the court convicted the accused of aggravated penetrative sexual assault but acquitted him and his mother of charges related to intentional insult and breach of peace.
