Allow Cookies!
By using our website, you agree to the use of cookies
Single judge Bench of Justice C Hari Shankar passed a judgment on appeal by accused, Lokesh.In delay of 53 days FIR was lodged by mother of victim u/s 376, 506 IPC and u/s 4, 5(m) and 6 of the Protection of Children from Sexual offences Act, 2012(POCSO). As per the respondent statement the accused has taken his four year old niece to jungle, removed her clothes, inserted something in her vagina and referred it as susu to her
Appellant stated that the questions put to victim by judge to determine her competence were simple and insufficient and also claimed that the two witnesses and prosecutrix were not cross-examined.He further contended that medical examination of prosecutrix indicated the absence of any injury mark, even around her anal area.
These contentions were defended by the prosecution stating that u/s 164 CrPC,statement of victim was short and satisfactory and also explained there were no marks of injury as medical examination was conducted two months after the incident, but child was still in pain on date of recording the statement.
After hearing the parties, the Court observed that victim`s mother testimony remained unchallenged, appellant failed to give explanation about his whereabouts at the time of incident and also failed to discharge his onus u/s 114 of Indian Evidence Act, 1872. The court rejected objections with regarding delay of failing case and about short statement of victim
As the appellant was convicted u/s 376 IPC, section 5 and 6 of POCSO but he was sentenced only under POCSO for 10 years and fined Rs. 7,500.Assection 5 is proved he is equally liable u/s 375 of IPC for committing rape.
Sympathizing the child victim the court said,
“perpetrators of sexual offences on innocent children are psychosocial deviants, who cannot lay any claim to leniency. It is the order of nature, and is sacred right of every living being to blossom from infancy, to childhood, to adolescence and, finally to adulthood. This order of nature is thrown into violent disarray by the sexual predators.”
86540
103860
630
114
59824