New Delhi, Nov 3 The Delhi High Court has upheld the conviction and 10-year sentence awarded to a man for sexually exploiting his four-year-old son.
The court said that the crime goes beyond an individual transgression, affecting the fabric of society and family.
Justice Sudhir Kumar Jain dismissed the father's appeal against a trial court's order of conviction under the Protection of Children from Sexual Offenses (POCSO) Act and the Indian Penal Code.
The court held that the appellant, who was under a social, familial, and moral duty to protect his son, cannot be treated leniently.
"It is a crime not only against the individual, but against the fabric of society and family," stated the court, adding that the prosecution had proven beyond reasonable doubt that the man committed aggravated penetrative sexual assault upon his son.
The court also considered the age of the victim child, who was only four at the time of the incident.
The high court saw no reason to interfere with the punishment awarded to the appellant.
The court underscored that child sexual abuse is a grave issue affecting numerous children, warranting the attention of all stakeholders involved in the administration of justice.
The appellant had requested a lenient approach in sentencing, citing his lower socio-economic status as a labourer.
However, Justice Jain firmly asserted that it is the solemn duty of the court to impose suitable punishment on those accused of child sexual abuse, regardless of their social and economic background.
The high court also praised the well-reasoned decision of the trial court, which considered all relevant facts on record.
It was reiterated that the appellant, being the biological father of the victim, had a social, family, and moral duty to protect the child, but he had instead exploited him on several occasions.
In conclusion, the court said that sentencing plays a vital role in preventing future crimes, stating that the imposition of an appropriate and just sentence is a fundamental objective of criminal law, commensurate with the nature and gravity of the crime and how it was executed.
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