In a heartbreaking case from Chennai, an 18-month-old infant has become the youngest resident of the special prison for women after her pregnant mother received a five-year sentence under the Protection of Children from Sexual Offences (POCSO) Act. The 23-year-old woman was convicted for remaining silent while her four-year-old daughter suffered sexual assault at the hands of her boyfriend.
The Silent Bystander: Mother's Failure to Protect
The special court dealing exclusively with POCSO cases in Chennai delivered a strong message about parental responsibility. Judge S Padma emphasized that the woman had a fundamental obligation to protect her child and her silence directly aided the accused. "After the occurrence, she ought to have reported the matter to police, but she didn't do so, and the matter came to light only when a third person called the child helpline," the judge stated in the verdict.
The horrific abuse came to light when the child's grandmother, who lives on the same street, grew suspicious after neighbors reported frequently hearing the child cry at night. On October 21, 2024, when the grandmother learned the child had been taken to hospital, the mother claimed a neighborhood child had caused the injuries. The grandmother, unconvinced by this explanation, worked with hospital staff to file a formal police complaint.
Medical Evidence Reveals Brutal Assault
Medical examination uncovered the shocking extent of the abuse. The examination documented approximately 15 bite marks on the child's body, including private parts, along with multiple healed injuries indicating prolonged abuse. Most disturbingly, the child had required four stitches on her head after the mother's boyfriend allegedly slammed her head against a wall when she cried during his intimate moments with the woman.
During court proceedings, the young victim initially didn't recognize the acts as assault. Special Public Prosecutor S Anitha explained, "We used a body chart to explain her injuries. When asked about her mother's actions, the child said her mother stayed quiet during the attack." This testimony proved crucial in establishing the mother's complicity through silence.
Legal Arguments and Final Judgment
The defense argued the case should be treated as cruelty under Section 75 of the Juvenile Justice Act. However, the prosecution successfully contended that the assault on private parts clearly brought it under Section 10 of the POCSO Act. The court accepted the prosecution's argument and convicted both individuals.
The 23-year-old boyfriend, who had previous arrests in drug cases, received a seven-year sentence for his direct role in the sexual assault. The court showed some leniency to the mother due to her pregnancy and responsibility for another child, reducing her sentence to five years. The court also ordered ₹1.5 lakh compensation for the survivor, who will remain in her grandmother's custody.
This case highlights the serious legal consequences for parents who fail in their fundamental duty to protect children from harm, establishing that silence in the face of abuse amounts to complicity under Indian child protection laws.
