Sexual assault on minors gross violation of human rights: Court


Ramkrishan Upadhyay

Chandigarh, November 17

Sexual assault on minor children is gross and blatant violation of their fundamental constitutional and human rights. Such kind of sexual assault is not against an individual, but it is a grave crime against the entire society.

Observing this, Swati Sehgal, Judge, Fast Track Special Court, sentenced a 55-year-old person to undergo five years of rigorous imprisonment for sexually assaulting a 12-year-old boy. The court also directed the accused to pay a fine of Rs 20,000.

The police had registered a case against the accused on the complaint of the victim’s mother on May 6, 2019 under the Protection of Children from Sexual Offences Act, 2012.

The complainant told the police that she, along with her two minor sons, was residing in a rented accommodation in Chandigarh. Her husband is in touring job and he stays away from home most of time. Renovation work was undergoing on at in her house. So, she sent her children to sleep in the house of the accused, who resides in the neighbourhood, on the night of May 4, 2019. She was having good terms with the accused.

Next day, her elder son told her that on the intervening night of May 4 and 5, 2019, the accused molested him while he was sleeping. The victim returned home and asked her to bring his younger brother back from the house of the accused. Her husband returned home in the evening of May 5, 2019. Later, they informed the police about the incident.

During the course of investigation, the accused was arrested. After the completion of the formalities, a challan was presented against the accused. The court framed the charges against the accused to which he pleaded not guilty. The defence counsel claimed that the accused was falsely implicated in the case, while the public prosecutor argued that the prosecution had proved the case beyond the shadow of doubt.

After hearing the arguments, the court convicted the accused under Section 10 of the POCSO Act and sentenced him to undergo rigorous imprisonment for 5 years while dismissing an appeal for the leniency to the accused.