AMBALA: A fast track court of Ambala district under the Protection of Children from Sexual Offences (POCSO) Act sentenced rigorous imprisonment (RI) of 20 years with a fine of Rs 5,000 to a 20-year-old youth-in-conflict with the law on Wednesday, for sexually assaulting his cousin sister (under 12 when crime committed). In default of fine payment, the convict shall have to undergo additional RI for one month.
The court of presiding officer Aarti Singhof the above-said court, held the youth-in-conflict with law guilty under Section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Actas well as Section 376AB (punishment for rape on woman under twelve years of age) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
As per the information, the crime took place in April 2019 and a case was registered on June 23, 2019.
Sighting Section 42 of the POCSO Act, the court said that as the act of convict constitutes an offence both punishable under IPC and POCSO Act, the offender shall be liable to be punished under POCSO or IPC, whichever is greater in degree.
“Since punishment under Sections 376AB of IPC is greater in degree, youth-in-conflict with the law is hereby punished under 376AB of IPC and not Section 6 of POCSO Act…He was aware about the nature of act committed by him and minor child faced most traumatic experience of sexual assault by her own cousin brother”, said the court order.
The court said that the youth-in-conflict with the law is about 20 years old and not completed the age of 21 years.
“So, in view of Section 19 (3) of Juvenile Justice (Care and Protection of Children) Act, 2015, he would be kept in the place of safety till he attains the age of 21 years and thereafter, shall be transferred to jail. During his imprisonment, he shall be provided with counseling, skill development, psychiatric support, and behaviour modification therapy during his period of stay in the place of safety”, said the court.
The court also awarded a compensation of Rs 2 lakh to the survivor girl under Section 33 (8) of the POCSO Act read with Rule 7 of the Act. The case has been recommended to the district legal services authority for the award of compensation.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
The court of presiding officer Aarti Singhof the above-said court, held the youth-in-conflict with law guilty under Section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Actas well as Section 376AB (punishment for rape on woman under twelve years of age) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
As per the information, the crime took place in April 2019 and a case was registered on June 23, 2019.
Sighting Section 42 of the POCSO Act, the court said that as the act of convict constitutes an offence both punishable under IPC and POCSO Act, the offender shall be liable to be punished under POCSO or IPC, whichever is greater in degree.
“Since punishment under Sections 376AB of IPC is greater in degree, youth-in-conflict with the law is hereby punished under 376AB of IPC and not Section 6 of POCSO Act…He was aware about the nature of act committed by him and minor child faced most traumatic experience of sexual assault by her own cousin brother”, said the court order.
The court said that the youth-in-conflict with the law is about 20 years old and not completed the age of 21 years.
“So, in view of Section 19 (3) of Juvenile Justice (Care and Protection of Children) Act, 2015, he would be kept in the place of safety till he attains the age of 21 years and thereafter, shall be transferred to jail. During his imprisonment, he shall be provided with counseling, skill development, psychiatric support, and behaviour modification therapy during his period of stay in the place of safety”, said the court.
The court also awarded a compensation of Rs 2 lakh to the survivor girl under Section 33 (8) of the POCSO Act read with Rule 7 of the Act. The case has been recommended to the district legal services authority for the award of compensation.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)