Guard gets 20 years in jail for sexual assault of 6-year-old, Rs 10.5 lakh relief for survivor

“Such sort of incidents are increasing day by day in the society and there must be some deterrence in the society. A strong message must be conveyed to the society that such kind of offences against the children shall not be tolerated under any circumstances and such offenders shall be dealt with strictly by the court,” the court said on July 3.

The case arose from a First Information Report (FIR) registered in May 2024 after the girl’s family alleged that she had been sexually assaulted. Following a trial, the court convicted the accused on April 30.

‘Sole breadwinner’

The defence urged the court to adopt a lenient view, submitting that the convict was a 67-year-old senior citizen with no previous criminal record. It argued that he belonged to a poor family, earned around Rs 12,000 a month as a security guard and was the sole breadwinner for his daughter and six granddaughters, five of whom are minors.

The defence also claimed that the convict suffered from various ailments and was not receiving proper treatment in jail. It further submitted that his daughter, who allegedly faced domestic violence, depended on him for support.

Why court rejected leniency

The court acknowledged that the convict had no proven criminal antecedents and accepted that his family would face hardship due to his incarceration. However, it ruled that these mitigating factors were outweighed by the seriousness of the crime he committed.

Referring to settled sentencing principles and the Supreme Court‘s decision in State of UP vs Sanjay Kumar, the court observed that judges must balance aggravating and mitigating circumstances but cannot allow undue sympathy to dilute punishment in serious offences. It also held that Section 42 of the POCSO Act required imposition of the higher punishment available under the Act.

Court emphasises deterrence

• While deciding the sentence, the court held that the survivor’s age and the nature of the offence made the case exceptionally grave.
• It noted that the girl was just six years old at the time of the incident, whereas the convict was about 65, making the age gap an important factor.
• The judge said the punishment should reflect society’s abhorrence for such crimes and help maintain public confidence in the justice delivery system.

20 years’ jail, Rs 10.5 lakh relief

The court sentenced the man to rigorous imprisonment for 20 years under Section 5(m) punishable under Section 6 (aggravated penetrative sexual assault) of the POCSO Act. It also imposed a fine of Rs 5,000, with a default sentence of 15 days’ simple imprisonment if the amount is not paid. The judge directed that all substantive sentences would run concurrently and ordered that the fine, once recovered, be paid to the survivor.

The court also passed a detailed order on compensation. The survivor’s counsel submitted that she had suffered severe physical and psychological trauma and came from an economically weak family. The court also considered reports regarding the family’s financial condition and observed that the girl child required rehabilitation, reintegration into society and financial support to live a life free from trauma.

Accordingly, the court directed payment of Rs 10.50 lakh as final compensation. It clarified that the interim compensation of Rs 2.67 lakh, awarded on July 22, 2024, would be adjusted against the final amount. The secretary of the Delhi State Legal Services Authority (North) was directed to ensure prompt disbursal of the compensation.