The District and Sessions Court, Rohini, Delhi, expounded that anyone who violates the POCSO Act will be held accountable for their actions, and the message must be sent to society at large by imposing a penalty that is proportionate to the act of sexual assault or sexual harassment.
Susheel Bala Dagar, Addl. Session Judge, expressed distress and was agonized by the increasing rate of crimes against children. The Sessions court stated that the penalty awarded to the convict should be commensurate with the gravity of the heinous act so as to serve as an effective deterrence to like-minded persons. However, the Court stated that mitigating circumstances should also be considered while awarding the sentence.
Brief Facts:
The convict kidnapped the victim child ‘K’ and committed penetrative sexual assault on her. The convict was convicted under section 6 of the POCSO Act and sections 363/325/376(2)(j)/376AB IPC.
The case of the convict was that he has parents, six unmarried siblings. The convict is the eldest and supported his parents by working as a labour.
The request was to take a lenient view while awarding sentence.
Contentions of the State:
It was argued that the convict should be granted maximum punishment so that like-minded persons in society are deterred from committing such heinous and despicable offences.
Further, maximum compensation be awarded to the child victim as per the Delhi Victim Compensation Scheme, 2018.
Observations of the Court:
It was observed that anyone who violates the POCSO Act will be held accountable for their actions, message must be sent to society at large by imposing a penalty that is proportionate to the act of sexual assault or sexual harassment.
The Court noted that the aspiration of the future of India lies in the children, but it is a matter of great misfortune that children, including minor girls and boys, are in an extremely vulnerable position. The persons like the convict use various modes for exploiting the children including sexual assault and sexual abuse. Such exploitation by way of sexual abuse of children is a crime against the humanity and the society.
The court stated, "It has been provided that the provisions of the POCSO Act shall have overriding effect on the provisions of the other Act. The punishment under Section 6 of the POCSO Act and Secton 376AB of IPC is the same, however punishment under Section 376(2)(J) IPC ranges from 10 years RI up to life. Therefore, the convict is being awarded punishment under Section 6 of the POCSO Act."
The Court expressed distress and was agonized by the increasing rate of crimes against children. Thus, stated that the penalty awarded to the convict should commensurate with the gravity of the heinous act so as it serves as an effective deterrence to the like minded persons. However, the mitigating circumstance should also not be lost sight of while awarding the sentence.
The Bench awarded a final compensation of INR 10,50,000 to the victim and sentenced the convict to life imprisonment.
The decision of the Court:
Accordingly, the matter was decided.
Case Name: State v. Ashraf Rain
Coram: Susheel Bala Dagar (Additional Session Judge)
Case No.: Sessions Case No. 49/20
Advocate for State: Adv. Ms. Yogita Kaushik
Advocate for DCW: Adv. Ms. Niti Wadhawan
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