Child sexual abuse case: J&K court sentences accused to 12 years rigorous imprisonment

Srinagar, Dec 23 The fast track court in Jammu and Kashmir's Srinagar on Tuesday awarded 12 years rigorous imprisonment to the accused in a child sexual abuse case.

Officials said that the fast-track court dealing with cases under the Protection of Children from Sexual Offences Act (POCSA) in Srinagar has sentenced a man to 12 years of rigorous imprisonment for sexually assaulting a minor boy aged around five and a half years.

The court held that the statutory minimum punishment would adequately meet the ends of justice in the case.

The sentence was pronounced by Presiding Officer Umi Kulsoom while deciding the quantum of punishment arising out of FIR No. 45/2018 registered at Police Station Harwan.

The court observed that criminal jurisprudence in India is not solely retributive and requires a careful assessment of both aggravating and mitigating circumstances.

"The convict, identified as Nazir Ahmad Doyi son of Gami Doyi, a resident of Fakir Gujri, Harwan, Srinagar, was earlier found guilty of aggravated penetrative sexual assault under Sections 5(m) and 5(n) read with Section 6 of the POCSO Act, along with Section 377 of the Ranbir Penal Code," it said.

While delivering the sentence, the court noted that the victim was very young at the time of the incident and, during trial, was unable to recall specific details of the assault, describing it only in general terms.

The court said it had examined the nature of evidence, the age of the victim, and the long-term impact such crimes have on children.

The defence pleaded for leniency, arguing that the offence pertained to 2018 and that enhanced punishments introduced later could not be applied retrospectively.

The court also took note of the convict's socio-economic background, observing that he belonged to a poor family, worked as a daily wager, and was the sole earning member supporting his wife and four minor children.

The prosecution, on the other hand, sought strict punishment, emphasising that the victim was below 12 years of age and that offences against children leave lasting psychological scars. The court reiterated that the POCSO Act mandates minimum sentences which cannot be reduced by judicial discretion.

After considering all aspects, the court concluded that awarding the minimum prescribed punishment was appropriate.

Accordingly, the convict was sentenced to 12 years of rigorous imprisonment under the POCSO Act and 10 years of simple imprisonment under Section 377 RPC, with both sentences to run concurrently.

"The period already spent in custody will be set off under the law. In addition, the court directed payment of Rs 7 lakh as compensation to the victim, holding that the amount would aid in rehabilitation and address the mental and physical trauma suffered by the child.

The District Legal Services Authority Srinagar was directed to ensure the immediate release of the compensation.

The convict was remanded to Central Jail Srinagar to serve the remaining sentence, and copies of the order were directed to be provided to him free of cost and forwarded to jail authorities for compliance, officials said.

The POCSO Act (Protection of Children from Sexual Offences Act, 2012) is India's crucial law to shield children (under 18) from sexual assault, harassment, and pornography.

Under the act, special courts with child-friendly procedures for reporting and trial have been created focussed on swift justice and child safety and notably, it is gender-neutral for victims and perpetrators.

Key aspects include defining child pornography, penalising pornography viewing, and making abetment an offence, with punishments enhanced by the 2019 amendments for serious cases.

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