While affirming the conviction of a man in a case involving the rape of a minor, the Madras High Court recently expressed concern regarding the recurring incidents of sexual assault taking place in the country. The bench of Justice R Hemalatha remarked, “Sexual abuse, drugs and alcohol are the three deep malaises that ruin a society and never allow development of the country. In an era when our President is a woman, we need to hang our heads in shame for such crimes being perpetrated on a daily basis”.
Emphasising the age of the 4 1⁄2-year-old victim, the judge said that despite societal challenges, women in the developing nation of India have overcome ignorance and lack of education, yet incidents like these still amplify concerns about the safety of young girls.
“Every girl child is considered as a reincarnation of goddess and unless this evil of sexual assault is eradicated with strict laws and effective implementation, our society could never grow into a safe and secure society,” said Justice Hemalatha.
While stressing that sexual assault on minor children is one of the most heinous crimes requiring very stringent punishment, the judge confirmed the conviction and sentence passed by the sessions judge.
The court was dealing with a criminal appeal filed by one Ramki against the conviction and sentence of 7 years in jail in a rape case.
The prosecution’s case was that the victim was playing with other kids on the upper floors of the residential building where the accused was doing painting work. The victim’s parents were not in the house, only her grandmother was.
It was claimed that in the afternoon, the accused sexually assaulted the victim by kissing her on the lips and putting one finger in her genital area, and pinching it hard, causing pain and bleeding. Hearing the victim crying, other tenants of the building reached the spot and questioned the accused.
The trial court held the accused guilty of the offence under sections 6 and 10 of the POCSO Act, 2012, and awarded the punishment stated above.
Before the HC, the counsel for the convict raised questions on the credibility of the witnesses of the prosecution. He also contended that the gynaecologist neither found injuries on the private parts of the child nor found any evidence of penetrative sexual assault on the child.
However, the public prosecutor argued that it was an open-and-shut case. He asserted that the child herself had narrated the incident to others and had withstood the testimony of cross-examination very well.
The court found the child’s evidence very convincing. “There is no room to believe that the 4 1⁄2-year-old child lied,” opined the judge.
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