Parul
Sexual Offences Against Children: “For an Inhuman Act there should be an Inexorably Punishment”
Parul Madaan 4 Jan 2020

Sexual Offences Against Children: “For an Inhuman Act there should be an Inexorably Punishment”

Sexual Offences Against Children: “For an Inhuman Act there should be an Inexorably Punishment”

Children are prone to violence and abuse due to their tender age. They can also be vulnerable to adverse influences and ' at-risk ' behavior because of several reasons. As child exploitation has existed in the form of sexual molestation, child marriage, underfeeding, verbal abuse, child prostitution, child pornography, child abduction, incest, robbery, child labor, child trafficking, child abuse, etc. In this context, child protection is considered one of the main responsibilities of both the government and society to take preventive steps in a strong and positive way through various laws and policies while taking into account the difficulties and problems faced by the children.

According to the National Crime Records Bureau’s  report, in the last few months, i.e. between January 1, 2019 and June 30, 2019, there were 24, 212 cases of child abuse reported in India, meaning 4,000 cases in a month, 130 in a day and one in every five minutes. The judiciary has given paramount importance to ensure holistic development of child’s physical, emotional, intellectual and social faculties.

Recently  the Bombay High Court in the case Baburao @Sagar Rupaji Dhuri versus The State of Maharashtra , Criminal Appeal No. 1068 of 2018 IN POCSO SPL. CASE NO. 295 OF 2015   That, in her neighborhood, the victim, an five-and – a – half-year-old girl came to play a boy when the Appellant brought the girl to his home on the excuse that he'd have her songs on his cellphone and later PW 6 (eyewitness) asked PW 3 (mother relative of the victim) to see what the victim was doing when PW 3 looked at the house, when she saw that the victim was forced to lie on the ground. Victim told PW3-M that when she went to look for Babu to play, the appellant took her into the house, clamped the door from the inside, pulled her slacks down and put her lying on the ground in a prone position..

It was specified that, pursuant to Rule 33(7) of the POCSO Act, the victim's identity as well as all members of the family, friends, community or any other details disclosing the victim's identity must be concealed.

In compliance with Sections 376, 342, 366A, 377 of the IPC read with Sections 6 and 10 of the POCSO Act, Investigating Officer laid a charge sheet. Special Judge convicted and sentenced the defendant after considering the evidence on record and hearing the prosecution and defense.

By referring to the Forensic Science Lap report, counsel for appellant Aniket Vagal argued that there was no detection of male DNA in the victim's vulval swab or anal swab.

 

While opposing the claim of the appellant's lawyer, APP, S.V. Gavand argued that there was no need to refer the medical evidence because the appellant had been stopped from inserting his penis in the anus of the victim. Appellant has violated the victim's trust that used to call him ' Dada. ' She was with that of the appellant in a fiduciary capacity. Therefore, it is argued that this is not a case where the appellant must be shown leniency.

Appellant was about to commit aggravated penetrative sexual assault on PW 2 but he was unable to succeed in his malicious scheme due to PW 3's interference and thus the act was actually about to be completed by him as he had already begun to move his penis over the victim's back.

The appellant made an attempt to commit an act of aggravated penetrative sexual assault and, therefore, by passing an appropriate sentence of imprisonment, the trial court correctly appreciated all the circumstances and facts recorded.

Bench cited the case of the Supreme Court – Madan Gopal v. Naval Dubey, (1992) 3 SCC 204, in which it was held that "offenders threatening civilized society should be punished in the most severe terms mercilessly and inexorably." The bench also noted that the Court is loud and clear in the above-mentioned case as to how such crimes should be dealt with which are challenges to civilized society and should therefore be punished inexorably and mercilessly.

There is no question in the present case of the appellant's reformation as he was quite an adult male who knew the consequences of his act.

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