Early Times Report
Jammu, Sept 14: The Fast Track Court for POCSO Cases, Srinagar, has convicted a man of aggravated sexual assault of a minor girl under the POCSO Act and sentenced him to seven years’ simple imprisonment.
The court, presided over by Umi Kulsoom, held the accused, a resident of Chattabal, Srinagar, guilty under Sections 363, 506, 323 and 342 of the IPC, besides Sections 9(m)/10 of the Protection of Children from Sexual Offences (POCSO) Act.
The case arose out of FIR No. 227/2020 registered at Police Station Safa Kadal.
According to the prosecution, the minor girl had gone to a tailor’s shop on December 24, 2020, but did not return home. It was alleged that the accused forcibly took her on his scooty to his house at Chattabal, where she was kept overnight. She returned home the following morning, following which the matter was reported to police.
During the trial, the prosecution examined the victim, her parents, police officials, a medical officer, the school principal and forensic experts, among other witnesses.
The school record placed the victim’s date of birth as December 29, 2008, establishing that she was a minor at the time of the occurrence.
The court, however, held that the prosecution had failed to prove beyond reasonable doubt the charge of rape under Section 376 IPC and aggravated penetrative sexual assault punishable under Sections 5/6 of the POCSO Act.
While arriving at the finding, the court took note of inconsistencies in the evidence, absence of spermatozoa in the forensic examination and shortcomings in the investigation.
The court, nevertheless, found the offences of kidnapping, criminal intimidation, wrongful confinement and voluntarily causing hurt proved against the accused.
It further held that the physical contact with the minor, including a bite on her neck, was accompanied by sexual intent, thereby constituting an offence under Sections 9(m)/10 of the POCSO Act.
Invoking Section 222 Cr.P.C., the court held that an accused can be convicted of a lesser cognate offence where the ingredients of such offence are established from the evidence on record.
Accordingly, the court sentenced the convict to seven years’ simple imprisonment under Sections 9(m)/10 of the POCSO Act.
He was also sentenced to seven years’ simple imprisonment under Section 363 IPC, along with a fine of Rs 10,000, which was directed to be paid to the victim as compensation.
For the offence under Section 506(2) IPC, the court awarded another seven years’ simple imprisonment with a fine of Rs 500, also payable to the victim as compensation.
The convict was further sentenced to one year’s simple imprisonment each under Sections 323 and 342 IPC.
The court directed that all sentences shall run concurrently and that the period already undergone by the convict in custody, including the remand period, shall be set off against the substantive sentence. (JNF) |
