‘Assault on dignity of childhood’: POCSO court jails man for ‘heart-wrenching’ assault on minor

The case was instituted on April 24 following which the court convicted the man on May 7.

Additional Sessions Judge Babita Puniya of the Fast Track Special Court (POCSO), said a court must not be swayed away by the emotions of society. (Image enhanced using AI)

Failing society

• We, as a society, are failing in our responsibility/duty to provide a safe and secure environment to our children, who are the future and hope of our country.
• The child below 12 years of age, was playing just outside her house with her friend, aged about 9 years and younger brother, aged about 7 years.
• The CCTV footage captured the heart-warming scene of these children playing and laughing.

• This footage initially brings a smile to the face of this court – a smile that any person would feel while watching the pure, unadulterated joy and carefree laughter of little children enjoying a traditional game “oonch-neech ka papada”.
• But then that smile turns into pain and righteous anger as the same footage records the convict committing the sexual assault upon an innocent, defenseless child.
• The tremor in her voice pierces the heart and fills the court with profound pain and anguish.

Court declines leniency plea

During the hearing on sentence in the POCSO case, the defence argued that the convict was a first-time offender with no previous criminal history and was responsible for supporting his wife and two young children.

A lenient view was sought on account of his family circumstances and age.

The prosecution opposed the plea and sought strict punishment, arguing that offences involving children required a strong deterrent response.

Counsel representing the child also argued that factors such as family responsibilities or educational background could not dilute the seriousness of offences under the POCSO Act.

Rejecting the plea for leniency, the court held that the convict’s status as a first-time offender did not constitute a mitigating circumstance in a case involving sexual assault on a child.

The judge also took note that the responsibility of maintaining a family could not be invoked after committing such an offence.

Aggravating circumstances considered

The court observed that the victim was below 12 years of age, which brought the offence within the ambit of aggravated sexual assault under the POCSO Act.

It also noted the considerable age difference between the convict and the child while assessing the gravity of the offence.

“The aggravating circumstances in casu far outweigh the mitigating factors. The convict has miserably failed to show any cogent and compelling reason for leniency other than the age of his children,” the court said.

At the same time, the court clarified that an accused exercising the right to trial could not be viewed as a lack of remorse.

“Simply because he claimed trial and pleaded not guilty to the charge does not indicate no remorse,” the court said.

Holding that the aggravating circumstances outweighed the mitigating factors, the court sentenced the convict to five years’ rigorous imprisonment, imposing a fine of Rs 10,000 under Section 10 of the POCSO Act.

No separate sentence was awarded under Section 74 BNS in view of the bar on double punishment, where the POCSO provision carried a higher sentence.

Interest of society

• Certain rape cases like the Nirbhaya rape case, the Kathua rape and murder case gained spotlight amongst the media, which resulted in hue and cry among the society.
• After these cases, certain amendments were made in the existing law.
• However, a court must not be swayed away by the emotions of society, ignoring the principles laid down by the Hon’ble Supreme Court of India.
• Thus, this court will approach the sentencing of the convicts on the basis that it is in the interest of justice that crime should be punished.
• Such punishment should be proportionate to the gravity of the offence since excessive punishment does not serve the interest of justice nor those of society.

Rs 3 lakh compensation awarded

The court also directed payment of Rs 3 lakh compensation to the child under the Delhi Victim Compensation Scheme, observing that while monetary relief could not erase trauma, it could assist rehabilitation and recovery.

She must have suffered and may still be suffering mental pain/agony because of the conduct of the convict, the court noted in the POCSO case.

It added, “While no amount of money can fully erase the scares of such sexual assault and the resultant psychological damage, compensation can provide some solace to the victim and help her in her long journey of rehabilitation, counseling and recovery.”

The order further directed the Delhi State Legal Services Authority to facilitate the compensation process for the child and reiterated the statutory prohibition on disclosure of the victim’s identity in such offences.