A 60-year-old man has been sentenced to 10 years rigorous imprisonment by a Delhi court for sexually assaulting a two-year-old girl. The court convicted Kalicharan, a Delhi resident, for the offence under Section 6 (aggravated penetrative sexual assault) of the POCSO Act while holding that the testimony of victim’s mother, who was the main witness, could not be challenged in cross-examination.
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“The defence taken by the accused of false implication has not been accepted. Thus, in my opinion, the prosecution has been able to prove it case against the accused beyond reasonable doubt. It has been proved that Kalicharan had…. (sexually assaulted) the victim, a minor girl, aged about two years,” Additional Sessions Judge Sanjay Sharma-I said.
The court directed that suitable compensation be paid to the victim through Delhi Legal Services Authority. According to the prosecution, in March 2013, the girl went out of her home and did not return. While searching for her, the girl’s mother went to the terrace of a building and saw Kalicharan sexually assaulting the child in a toilet.
Police said the minor was crying and struggling to free herself from the clutches of the man who was assaulting the toddler in front of his five-year-old grandson. On seeing the woman, the man fled from the spot and the matter was reported to police. Kalicharan was known to the victim’s family as he was the uncle of their landlord.
During trial, the man claimed he was falsely implicated by the child’s mother as she had not paid him rent as demanded by him. The statement of the victim was not recorded by the court or the police, considering her age. The court also noted that the man’s grandson, who has seen the incident, was cited as a witness and his statement recorded before a magistrate earlier, but when he appeared before the court, he could not depose anything as his memory had faded by that time.
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