 Early Times Report
Jammu, Oct 20: In a significant verdict, the Court of Principal Sessions Judge, Udhampur, on Monday sentenced a 41-year-old man to 20 years of rigorous imprisonment for committing aggravated penetrative sexual assault on a minor girl aged below 12 years, under provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The convict, Mohd Arshad alias Nika, son of Mohd Iqbal, resident of Bain (presently at Motor Shed Chenani, Udhampur), was found guilty under Section 5(m) of the POCSO Act, punishable under Section 6 of the Act. The Court also imposed a fine of Rs 50,000, directing that the amount, if realised, be handed over to the victim to meet her medical and rehabilitation expenses.
The case dates back to 28 July 2020, when the victim’s mother, lodged a complaint at Police Station Ramnagar alleging that the accused had outraged the modesty of her minor daughter while she was plucking pears in the fields. The FIR, initially registered under Sections 354 IPC and 8 POCSO Act, was later altered to include Section 376-AB IPC and Sections 3/4/5(m)/6 POCSO Act after investigation revealed aggravated sexual assault.
During the trial, the prosecution produced multiple witnesses, including the victim (whose identity is withheld), her family members, and medical officers. The victim narrated before the Court that the accused forcibly took pears from her lap and sexually assaulted her. Medical reports confirmed her age as 11 years at the time of the incident.
The Court carefully examined the testimonies, medical evidence, and circumstantial details. While the medical examination did not reveal signs of complete intercourse, the testimony of the child victim and corroborating witnesses established the offence beyond reasonable doubt.
The prosecution sought the maximum sentence, stressing the brutal nature of the act against a child. However, the defense argued for leniency citing the convict’s age, family responsibilities, and clean antecedents.
In his judgment, Principal Sessions Judge Virinder Singh Bhou after hearing Public Prosecutors Himanshu Parkash and Vijay Sharma for the UT whereas Adv Ranjeev Dubey for the accused person, observed that though the act was heinous and caused severe trauma to the child, the circumstances did not warrant imprisonment for life. Emphasising both deterrence and reformation, the Court awarded the minimum statutory punishment of 20 years rigorous imprisonment under Section 6 of the POCSO Act.
Court further directed the J&K State Legal Services Authority to extend statutory compensation to the victim under the Victim Compensation Scheme.
The convict has been apprised of his right to appeal before the High Court of Jammu & Kashmir and Ladakh. He has also been sent to District Jail Udhampur to serve his sentence. (JNF) |
