Srinagar- A Fast Track Court for POCSO (Protection of Children from Sexual Offences) cases here has convicted and sentenced a young man to 20 years in jail for sexually assaulting a minor.
The victim told the court that the convict—Danish, a resident of the outskirts of Srinagar –contacted her through Facebook and then met her in Bemina where she was going for tuition.
After some time, she said, the convict enticed her to come to his house in 2020.
Later, she said, the accused forced her to have physical relations with him.
“It also cannot be ignored that while committing the offence against the victim there is no allegation of any brutality or bestiality involved on the part of the accused neither it has been proved that the victim was forcibly taken away and raped by the convict,” Presiding Officer of the Fast Track Court, Aarti Mohan said.
However, the Judge said that the court cannot over look the fact that the victim was a minor girl at the time of the occurrence and was motivated to enter into repeated sexual intercourse by the accused without consideration to her age which even resulted in her pregnancy and subsequent miscarriage.
Referring to Supreme Court Judgment, the court said whether such offence arises from a “romantic relationship” is irrelevant.
“…keeping in view both the aggravating and mitigating circumstances, I feel that the mitigating circumstances outweigh the aggravating circumstances in the case and the award of the minimum punishment shall serve the ends of justice,” the court said, adding, “Since the convict is held guilty of committing both aggravated penetrative sexual assault punishable under section 6 of POCSO Act and section 376 of IPC, as such, he is sentenced to rigorous imprisonment of 20 years for the offence punishable under section 6 of POCSO Act.”
The court also imposed a fine of Rs. 25000 and ordered that if the same was realized it shall be payable to the victim as compensation.
“In case of failure to pay the amount of fine, accused shall undergo further imprisonment for 6 months,” the court said.
“A perusal of the file also reveals that in view of the fact that the victim was subjected to repeated penetrative sexual assault resulting in her pregnancy and subsequent miscarriage was awarded an interim compensation of Rs. 300,000/- (Three Lakhs) as victim compensation for the purpose of rehabilitation by this court during the course of trial,” the court said, adding, “This amount in my opinion is not sufficient to compensate and rehabilitate the victim. Considering the fact that the victim has been subjected to mental and physical trauma as well as her financial condition it is directed that a further amount of Rs. 300,000 (Three Lakhs) in addition to the amount of interim compensation already awarded to the victim to be released in her favour as compensation.”
The Court directed the Secretary DLSA to forward the case of the victim to Member State Legal Service Authority J&K forthwith.
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