Chandigarh: Man gets 4-yr RI for violating child

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Chandigarh, September 2

“Sexual assault on minor children is a gross and blatant violation of their fundamental, constitutional and human rights. The accused, who, by his act and conduct, had instilled a sense of insecurity and injured the conscience of a child, cannot be heard, praying for leniency on the grounds that he has a family to support,” observed Swati Sehgal, Special Judge, Fast-Track Court, Chandigarh, while sentencing a 35-year-old person to four-year rigorous imprisonment (RI) in a POCSO case.

The court has also imposed a fine of Rs 30,000 on the convict.

The police registered the FIR against the accused on March 6, 2021, on a complaint filed by the mother of the 11-year-old girl for the offences punishable under Sections 363, 342 and Section 8 of the POCSO Act.

In her complaint, the mother said in the evening, when she did not find her daughter at home, she started looking for her in the nearby areas. She found her daughter near a government building. She looked frightened. She told her that a person had done a wrong act with her in a car. The accused was caught by some persons and handed over to the police.

After completion of investigation, a challan was submitted to the court. Finding a prima facie case, the court framed charges against the accused, to which he pleaded not guilty.

While the counsel for the accused said he was falsely implicated in the case, the Public Prosecutor said the investigating officer had proved the case beyond the shadow of doubt. The court sentenced the convict to four-year rigorous imprisonment after convicting him under Section 8 of POCSO Act. The court has also recommended a compensation amount of Rs 50,000 to be given to the victim by the District Legal Service Authority.

The accused prayed or leniency during the arguments on the quantum of the sentence, saying that he had two daughters and wife who were fully dependent on him. The Public Prosecutor argued that not awarding an appropriate punishment commensurate with the degree of crime might undermine the public confidence in the efficacy of law.