‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old girl in 2023

According to the prosecution, a case was registered on January 11, 2023, based on the statement of the girl’s family that she was sexually harassed by a 22-year-old man from their locality.

The complainant divulged that the girl went to play with her friend in their locality when a boy, who lives near her friend’s house, gave Rs 100 to her and requested her to bring him a matchstick from the market. “When she brought him a matchstick, he told her to keep the remaining amount. He asked her to accompany him inside his room, and then the boy bolted the door from inside. He slapped her thrice, and then he sexually assaulted her. The girl managed to open the door and ran away. She informed her friend about the sexual and physical assault and then to her mother,” the complainant stated.

Based on the statement, an FIR was registered for rape and under the POCSO Act at the Mauli Jagran police station.

During the trial, the defence counsel argued that the accused had no role in the case and that he was implicated.

However, after hearing arguments and considering the statements, the court held the accused guilty of the crime.

During the proceedings of the quantum of sentence, the convict pleaded for leniency, stating he is “the sole bread earner of his family, and no other previous criminal case is pending against him”.

Special Public Prosecutor Maninder Kaur, however, argued that “non-awarding of appropriate punishment commensurate with the degree of crime may undermine the public confidence in the efficacy of law”.

Upon hearing arguments, Dr Yashika pointed out that “considering matters involving sexual offences, a Court has to be mindful that the incidents of sexual violence against children (or against the women) in a society always involve the life and limb of a child (or a women) as what is at stake is the prestige and future of the victim, which has been lowered and shattered into pieces. Once a victim, a child (or a woman) has been hurt physically, emotionally and mentally at a tender age, the same is bound to have adverse effects on the overall growth and development of the said human being. It is, thus, in the interest of justice and of course the overall interest of the society at large that proceedings are handled with due care and precaution.”

She noted, “Children belonging to any strata of society are certainly the future of the country, and they are to be not only groomed and nourished but also required to be protected for the sake of the bright future of our country. When children are subjected to sexual assault, it not only creates fear and trauma in the mind of the victim child, but also amongst the children around him or her. It is high time that such incidents need to be curbed so as to serve as a deterrent for the people of evil and criminal bent of mind, and also instil the sense of security in the minds of the children and their families.”

“In the present case, the convict had shown his wicked and evil mind by subjecting a minor victim, who was less than 12 years of age, to aggravated penetrative sexual assault. He is liable to be punished sternly,” Dr Yashika noted while pronouncing judgment.

Meanwhile, considering the convict’s plea, the girl’s age and the necessity of harmonious construction between deterrence against crime, viz-a-viz approach of punishment, Dr Yashika added that “the hand of justice need not be tempered with mercy in such like cases”.