Crimes against children
The final incident occurred on the night of Oct 4, 2018. The court directed that the accused be taken into custody and granted set-off for the six months he had spent in custody between 2018-19. Because the accused’s family had objected to the child visiting the house and disturbing his daughter’s studies, the defence argued that the case was false, and that the child’s family was upset.
Upon inquiry, the child revealed that whenever she visited her friend’s house to study or play, the friend’s father would subject her to inappropriate touching.
Observing that the compensation can provide some solace, the judge said, “The offence of sexual assault gives a serious blow to the honour, self-esteem and dignity of a woman. The humiliation or the reputation that is snuffed out cannot be recompensed but then monetary compensation will at least provide some solace,” special judge AS Wairagade said. On the child’s evidence, the judge said that it was “trustworthy and unblemished and her evidence is of sterling quality”.
The court also directed the District Legal Aid Services to provide guidance to the girl’s parents if compensation as per the government scheme is not granted. The injuries in case of physical assault may heal, but the physical, emotional and psychological scars left after such an incident remain lifelong. No compensation can be adequate, nor can it be of any respite for the victim. The accused sent his own daughter out to buy snacks, called the victim up to his house, and proceeded to sexually assault her. The girl also disclosed that two years prior, the accused had inflicted a hot wax burn on her thigh, threatening to cause grievous burn injuries if she narrated the ordeal to anyone. Horrified by the disclosure, the victim’s mother and relatives confronted the accused at his residence, following which a police complaint was registered. The prosecution examined six witnesses, including the mother, an aunt, the child, the doctor and two investigating officers. The defence also argued that the accused was blind and could not have committed the offence. The court rejected both arguments, holding that the blindness was shown to have developed after he was in jail and that no material proved blindness at the time of the incident.
Mumbai: Observing that it is a case where trust has been betrayed, and social values are impaired, and the accused does not deserve any sympathy, a special POCSO court on Wednesday convicted and sentenced a 48-year-old man to five years’ rigorous imprisonment for repeatedly sexually assaulting his daughter’s 11-year-old friend and threatening her with a candle burn when she visited their home. The accused was also fined a total of Rs 55,000. The court found that the accused used his position as a neighbour and the father of the child’s friend to gain access to the girl who regularly visited his home to study and play.