Girl Child In A Very Vulnerable Position In Our Country; No Leniency For POCSO Convict: Supreme Court

The Supreme Court observed that no leniency should be shown to a person who has committed the offence under the POCSO Act. The Court observed that children are precious human resources. However, in our country, a girl child is in a very vulnerable position, the Court lamented."By awarding a suitable punishment commensurate with the act of sexual assault, sexual harassment, a message must be conveyed to the society at large that, if anybody commits any offence under the POCSO Act of sexual assault, sexual harassment or use of children for pornographic purposes they shall be punished suitably and no leniency shall be shown to them", the bench comprising Justices MR Shah and BV Nagarathna observed while dismissing an appeal filed by a man convicted under POCSO Act.The prosecution case was as follows: That on 17.06.2016 at about 5:00 pm, the mother of the victim girl had gone to fetch water and her husband was out for work. At that time, victim girl aged four years was all alone in the house. The accused who was their neighbour, enticed and took the victim girl in the bushes to rape her. However, at that time the accused was spotted by some persons naked in the process of raping the victim girl. The accused and the victim girl were disrobed. The people who had gathered around caught the accused red handed and handed him over to the police. A first information report was lodged by the mother of the victim girl for the offences punishable under Sections 376 read with 511 of IPC and Section 3/4 of the POCSO Act. Later, the Trial Court held the accused guilty for the offences punishable under Section 376(2)(i) of IPC and Section 6 of the POCSO Act, 2012. It sentenced the accused to undergo life imprisonment and also directed to pay monetary fine of Rs.50,000/. The High Court dismissed the appeal filed by the accused.In appeal, the accused contended that in absence of penetration and aggravated penetrative sexual assault, the accused could not have been convicted for the offences punishable under Section 5/6 of the POCSO Act. To reject this contention, the bench noted Section 3 of the POCSO Act which defines 'penetrative sexual assault'. As per Section 3 of the Act, a person is said to commit 'penetrative sexual assault' if(b) he inserts, to any extent, any object of a part of the body, not being the penis, into the vagina. The court noted that Section 4 provides 'punishment for penetrative sexual assault'. Section 5 of the Act defines 'aggravated penetrative sexual assault' and as per Section 5(m) whoever commits penetrative sexual assault on a child below twelve years it is aggravated penetrative sexual assault. Section 6 provides 'punishment for aggravated penetrative sexual assault.' "In the present case, it has been established and proved that the accused penetrated his finger in the vagina and because of that the victim girl felt pain and irritation in urination as well as pain on her body and there was redness and swelling around the vagina found by the doctor. We are of the opinion that therefore the case would fall under Section 3(b) of the POCSO Act and it can be said to be penetrative sexual assault and considering Section 5(m) of the POCSO Act as such penetrative sexual assault was committed on a girl child aged four years (below twelve years) the same can be said to be 'aggravated penetrative sexual assault' punishable under Section 6 of the POCSO Act. Therefore, both, the Trial Court as well as the High Court have rightly convicted the accused for the offences under Section 5 of the POCSO Act punishable under Section 6 of the POCSO Act", the court said.The accused then requested the court take a lenient view in the matter by considering mitigating circumstances of old age of the accused and to alter the life imprisonment to any other punishment.The court observed that the POCSO Act, 2012 has been enacted to achieve what has been provided under Article 15 and 39 of the Constitution to protect children from the offences of sexual assault, sexual harassment. The court made the following observations:Cases of sexual assault or sexual harassment on the children are instances of perverse lust for sex"Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner and no leniency should be shown to a person who has committed the offence under the POCSO Act. By awarding a suitable punishment commensurate with the act of sexual assault, sexual harassment, a message must be conveyed to the society at large that, if anybody commits any offence under the POCSO Act of sexual...

Girl Child In A Very Vulnerable Position In Our Country; No Leniency For POCSO Convict: Supreme Court

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