Editor Mr.Mayank Rawat ( Chief Editor Mr. Rohit Mishra )
New Delhi: A Delhi court, while sentencing a man to 10 years of rigorous imprisonment for sexually assaulting a 17-year-old boy with a mental disability in 2017, observed that Pocso Act was enacted by Parliament with the intention that offenders be dealt with a heavy hand.
The court of additional sessions judge Susheel Bala Dagar, in its March 3 verdict, called the criminal act committed by the convict “very gruesome” and remarked that it warranted very stringent punishment. “The impact of the obnoxious act on the mind of the victim child will be lifelong. The impact is bound to adversely affect the already existing mental disability of the victim,” said the court.
It was hearing sentencing arguments against three convicts: Nikhil Dabas, Kapil and Vishal Dabas. Nikhil was convicted by the court on Feb 11 for offences under Section 6 (aggravated penetrative sexual assault) of Pocso Act, Sections 377 (unnatural offences), 323 (voluntarily causing hurt), 451 (house-trespass in order to commit an offence punishable with imprisonment), 506 (criminal intimidation), and 34 (common intention) of IPC.
The two others were convicted of offences under Sections 323 (voluntarily causing hurt), 451 (house-trespass in order to commit an offence punishable with imprisonment), 506 (criminal intimidation) and 34 (common intention) of IPC.
Additional public prosecutor Yogita Kaushik Dahiya, urging for maximum punishment for Nikhil, submitted before the court that he deserved no sympathy for his abominable and reprehensible act. Nikhil was sentenced to 10 years, while the other two were sentenced to six months.
The judge observed that it was the responsibility of society as a whole to take care of its children and to protect them from physiological and psychological exploitation at the hands of sexual abusers.
“The children of today are the future of society. The interest of the vulnerable child needs to be protected for a healthy, developed and vibrant society. The psychological scars of sexual abuse during childhood are indelible and they keep haunting the individual forever, thereby hindering their proper physical and psychological development. The sexual offence may be an isolated act for the convict; however, the act deeply impacts the life of the innocent child. Thus, the penalty awarded to the convict should be commensurate with the gravity of the loathsome act so that it serves as an effective deterrence to like-minded persons,” the judge remarked, while sentencing the convicts.
The court also directed that a compensation of Rs 10.5 lakh be paid to the survivor.
Mayank Rawat
