UP man gets 20 years in jail for raping minor daughter

 A special court here awarded a 20-year jail term to a 50-year-old man for raping his minor daughter three years ago.

The court, set up under the Protection of Children from Sexual Offences (POCSO) Act, convicted the man on Saturday.

Judge Sanjiv Kumar Tiwari also imposed a fine of Rs 56,000 on him after holding him guilty of raping his 17-year-old daughter in 2016.

According to special lawyer Dinesh Kumar Sharma, the police had registered a case against the man for raping his daughter in the district on February 18, 2016.

It was alleged in the complaint that the girl had been raped over a period of three-four months and was threatened with dire consequences.

Man gets life term for raping 3-yr-old girl in UP

A local court here sentenced a man to life imprisonment for raping a three-year-old girl.

The court also imposed Rs 1 lakh fine on him.

Assistant Government Advocate Shekhar Verma said on Sunday that Sanjay Dom– a resident of Tikaitnagar Police Station area– lured the girl and took her towards an old hospital where he raped her on February 23, 2015.

As the family members searched for the girl, they heard her cries and rescued her. She was admitted to a hospital in a serious condition.

Special judge (POCSO Act) Dinesh Pal Yadav after hearing both the sides on Saturday, sentenced Dom to life imprisonment and also slapped a fine of Rs 1 lakh, Verma said

Man gets 7 years rigorous imprisonment for raping minor girl

A court here has sentenced a man from Bhiwandi to seven years of rigorous imprisonment for raping a five-year-old girl in 2016.

In a judgement passed recently, district judge H M Patwardhan held Ramesh Rajaram Catham under the Indian Penal Code section 376 (rape) and the Protection of Children from Sexual Offences (POCSO) Act.

The court also imposed a fine of Rs 2,500 on him.

Public prosecutor Rekha Hiwrale told the court that the incident had taken place on July 18, 2016.

“Catham, who was the girl’s neighbour, took her to an isolated spot and sexually assaulted her. She was later rescued from there,” Hiwrale said.

The girl later named the accused and her parents lodged a complaint against him with the Bhiwandi police station, he said.

Court grants bail to elderly man who was accused of raping minor girl on medical grounds

The Madhya Pradesh High Court here has granted bail to an old man, charged with sexually assaulting a minor girl, on medical grounds that he was devoid of penile erection and other facts.

A single bench of Justice MF Anwar on Tuesday observed, “Looking at the facts and circumstances of the case, the age of Dhaniram (68) and the period of detention, I am inclined to enlarge the applicant on bail.

“As per medical evidence observation, the applicant’s penile erection was missing and he was not capable for semen slide,” his counsels Vasant Daniel and Vishal Daniel told the court.

Dhaniram, who had been in judicial custody since November 6 last, was suffering from various diseases related to heart and prostates, they contended.

The applicant had served in the Navy and after retirement, worked as a teacher in the government school, the lawyers said.

The Navy and the principal of the school had issued certificates to the effect that he held a good moral character, they added.

The counsels claimed that the petitioner was falsely implicated by the father of the minor, while the prosecution opposed the bail application.

After hearing both sides, the court granted bail to the accused.

The accused was arrested under sections 363, 366-A, 376(A)(B), 376(2)(j)(k)(i) of the IPC and sections 3-A, 4, 5m, 6 of the POCSO Act. The case was registered at the Mungwani police station in Madhya Pradesh’s Narsinghpur district.

The allegation against the accused was that at around 8 pm on November 4 last year, he had lured the minor girl and took her to his house on the pretext of showing her sparkling lights and sexually assaulted her.

2 men get death sentence for raping minor girl in MP 2 months ago

Two months after an eight-year-old girl was raped here in Madhya Pradesh, a special court awarded death sentence to two men for the crime today.

Special Judge Nisha Gupta held Irfan alias Bhaiyu (20) and Asif (24) guilty and sentenced them to death under the newly-introduced IPC section 376DB (punishment for rape of a woman under 12 years of age by one or more persons), public prosecutor B S Thakur said.

The girl was abducted on June 26 while she was waiting for her father outside her school in Mandsaur and was later gang-raped.

The rapists had also tried to kill her by slitting her throat.

The girl had suffered severe injuries on her neck, face, head and private parts in the incident and is undergoing treatment in Indore.

Relevant sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act were invoked against the accused.

Today, while the convicts were being taken out of the court by the police, one of them was hit by a man.

Man gets 5 years’ Rigorous Imprisonment for sexually assaulting daughter

 In one of the speediest trials in a POCSO Act case, a city court has sentenced the father of a 13-year-old girl to five years of rigorous imprisonment for sexually assaulting her.

A fine of Rs 20,000 was also imposed on the 46-year old man, a roadside hawker, by Jimut Bahan Biswas, Special Judge (POCSO Act) at the Sealdah Court, yesterday.

According to the prosecution, the man subjected his daughter to sexual abuse. The ordeal started after her mother died in September 2017.

The girl went to her maternal grandparents and narrated her plight following which they filed a complaint at the Entally police station on March 11. The girl recorded her statement before a magistrate.

The process of filing of charge sheet by the police, trial before the court and sentencing were completed within nine days of filing of the complaint on March 11, Special Public Prosecutor, Sealdah Court, Vivek Sharma said today.

“This is one of the speediest convictions in a POCSO case in the country,” Sharma said.

Supreme Court seeks data from HCs on pending sexual assault cases against minors

The Supreme Court today directed the Registrar Generals of the High Courts across the country to collect and collate data regarding the pendency of cases of sexual offences against children lodged under the stringent POCSO Act.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud gave the direction on a plea that had sought compensation of Rs 10 lakh for the parents of an eight-month old baby who was allegedly raped by her 28-year-old cousin here on January 28 this year in a locality near Netaji Subhash Place in north-west Delhi..

The plea, filed by lawyer Alakh Alok Srivastava, has also sought framing of guidelines that investigation and trial of the cases involving rape of children below the age of 12 years, under Protection of Children from Sexual Offences (POSCO) Act, should be completed within six months from the date of lodging of the FIR.

The top court today also directed its Registry to communicate the order to the registrars general of the high courts seeking a district wise detailed report on pendency of cases and posted the matter for hearing on April 20.

During the hearing, the petitioner referred to the 2016 data of National Crime Records Bureau (NCRB) and said only 11 per cent of the total of 1,01,326 POCSO cases have been decided by the trial courts in that year, which meant that 89 per cent of the cases were still pending across the country.

“1100 cases have been disposed of out of 1,01,326 cases,” Srivastava said.

The bench had on February 1 expressed its concern over the incident and asked the Centre and the petitioner’s lawyer to file details of pending cases of sexual assault against children across the country.

Earlier, on top court’s directions, the Centre had informed it that the baby had been shifted from a local government hospital to AIIMS for better treatment.

The AIIMS, in is report, had said that the local hospital had performed the corrective surgery of the infant in a professional manner.

The Delhi Legal Services Authority (DLSA) had also filed its status report, informing the top court that Rs 75,000 interim compensation has been given to the baby’s parents.

The law officers had told the court that an FIR has already been registered and the accused was in judicial custody.

The apex court had expressed grave concern over the rape of the infant and had directed two doctors of AIIMS to visit her in the hospital and assess her condition.

The plea, filed by lawyer Alakh Alok Srivastava, had said the external and internal injuries of the child were very severe and the infant had to undergo a three-hour surgery.

The police had said the accused had confessed to raping the baby under the influence of liquor.

The parents would go out for work leaving their daughter in the custody of their sister-in-law. Her son was at home that day since it was a Sunday, police had said. When the accused saw his mother was not around, he allegedly forced himself on the baby.

Need to introspect on effectiveness of POCSO Act: Justice Madan B Lokur

 Justice Madan B Lokur today said time has come to “introspect” on the “effectiveness” of the law to protect children from sexual abuse and what has been achieved in the nearly six years since the enactment of the POCSO Act.

He said there is a need to carry out an “assessment of the impact” the Protection of Children from Sexual Offences (POCSO) Act 2012 has had on the criminal justice delivery system.

Justice Lokur said despite there being more number of cases of child abuse than murder, “we spend more time discussing murders” and wondered “is murder of an adult more important than child sexual abuse”.

He was addressing a conference, organised by NGOs Haq Centre for Child Rights and Centre for Child and Law, on protecting children from sexual abuse and implementation of the POCSO Act.

The Supreme Court judge stressed on the need for a complete overhaul of the criminal justice delivery system under the POCSO Act so that the courts set up under this law deal only with child sexual abuse matters instead of the present practice where they deal with other kinds of criminal and civil cases as well.

He called for an audit of funds requirement, practices and procedures of the specialised courts, set up under this law, to help make the system better and stressed upon the need for specialisation of the judges, prosecutors and police officers who deal with such cases.

Justice Lokur said that defense lawyers in POCSO cases were specialised, but the same did not hold true for the public prosecutors, leading to a “mismatch”.

He also emphasised upon the need for bringing changes in evidence law, methods of investigation and strengthening of the forensics department of the government to keep pace with the changes in the nature of child sexual abuse crimes.

He said the emerging nature of crimes, such as child pornography, also need to be looked at, as there are difficulties associated with reporting and investigation of these new types of offences.

This, in turn, often leads to the evidence getting lost and the perpetrator not only going free but also being emboldened to commit the crime again, Justice Lokur said.

The judge further laid stress upon the need to raise awareness about such crimes as well as implementing the law in “full force” to ensure their prevention. He noted that implementation was “sadly lacking” as this responsibility often “keeps shuttling” between the Centre and the states.

Apart from that, he also called for examining the victim care and compensation as well as setting up a support system as many victims have to forego their eduction due to several reasons.

He also said there was a need to train and sensitise all the judicial, government and medical officials who deal with such matters as well as ensuring privacy of the victims.

“All these things need to be built into our criminal justice delivery system,” Justice Lokur said.

‘Simple blow on child’s back is not sexual harassment’

'Simple blow on child's back is not sexual harassment'
‘Simple blow on child’s back is not sexual harassment’

A simple blow on a child’s back does not amount to sexual harassment under the POCSO law as there must be a sexual intent behind the act, a Delhi court has said.

It said that an offence under the Protection of Children from Sexual Offences (POCSO) Act is made out when harassment is done with a sexual intent.

“Simply giving a blow on the back of the victim does not amount to sexual harassment as defined under the POCSO Act, according to which sexual harassment must be done with sexual intent. Then only the offence becomes punishable under the POCSO Act.

“Explanation of Section 11 of the Act says that any question which involving sexual intent shall be a question of fact,” Additional Sessions Judge A K Sarpal said.

The court’s observation came in a case in which a minor girl, student of class 10, had accused a man of sexually harassing her by spitting on her and misbehaving with her after giving a blow on her back with his hand.

The girl had alleged that the incident took place when she and her sister were going to school on a scooter in July 2015. She claimed that the accused came forward and threw garbage on the road and obstructed their way.

He then hit her with the garbage bucket and when she objected, he abused her, the girl alleged in her complaint.

The court, however, said the record pointed out that it was an “incident of simple quarrel which cannot be stretched to sexual harassment by any imagination”.

The court also noted that as per the charge sheet, the victim and her family members have instituted 14 similar kind of cases against the accused and other neighbours. Even her parents were facing four cases against them.

“In my opinion, simple vague and unspecific allegations made against the accused that he had misbehaved with the victim while giving a blow on her back itself, is not sufficient to invoke the provisions of POCSO Act against him.

“It was required by the prosecution to show that at the time of alleged quarrel, the accused has committed the offence of sexual harassment and that is also with a specific sexual intent,” the judge said.

The court said that even if the man gave a blow on the minor’s back during the quarrel, that act will not amount to showing any feeling or indicate sexual intent.

“Accordingly, after considering the charge sheet, I am of the opinion that no offence under the POCSO Act regarding commission of sexual harassment is made out,” the judge said.

The designated POCSO Act court transferred the matter to the court of chief metropolitan magistrate to decide whether any other offence was made out against the man.

( Source – PTI )

Court refuses bail to accused who forced girl to have sex

A local court here refused bail to a man who allegedly kidnapped a 16-year-old girl and forced here to have sex with a co-accused for several days.

On February 9, the girl’s father had lodged an FIR at sector 20 police station stating that his daughter had been kidnapped.

Accused Salman pleaded innocence and said the victim in her statement has not confirmed rape by him and he was not accused in the initial FIR.

Prosecution had opposed his bail application.

Prosecution officer stated that victim in her statement stated that on February 1 when she was passing through the street someone from behind put piece of cloth on her face and nose and she fell unconscious.

When she gained consciousness and opened her eyes she found herself in a room.

Then two men Salman and Aas Mohammad came to the room.

Both are her neighbours. They had also bolted her neighbour Amarjit, who is a co-accused in the case, in the room.

For three days they did not give food to her and Amarjit and forced them to have sex.

Both accused had a fight with her and Amarjit’s family in the past. To take revenge they kidnapped both of them.

For several days she was forced to have sex with Amarjit on gunpoint by the accused who also made a video clip of the act.

Later police had arrested the accused and charged them under IPC sections 363, 366, 376 and POCSO Act.

Prosecution stated that from her statement it was clear that accused Salman and Aas Mohammad forced the victim to have sex with Amarjit.

Additional Sessions Judge Ram Naresh Maurya refused bail to accused Salman, D S R Tripathi, Senior Prosecution Officer, said.