Repeat offender gets 10 years in jail for raping minor

A repeat offender was Monday sentenced to 10 years in jail by a POCSO court here for raping an eight-year-old girl in suburban Vakola area here in 2013.

Aiyaz Ansari (38) was found guilty under section 376 (rape), 363 (kidnapping) and 506 (criminal intimidation) of the Indian Penal Code as well as relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act by Additional Sessions Judge B V Kale.

The judge also fined him Rs 65,000, additional public prosecutor Rakesh Tiwari said.

As per the prosecution, the incident took place on October 14, 2013, in Vakola when the girl was returning her home from school.

Ansari introduced himself to the victim as her father’s friend and took her to a secluded place where he raped her.

During the course of trial, the prosecution examined six witnesses, Tiwari said.

Ansari is a serial offender and has targeted several schoolgirls using the same modus operandi and has about seven POCSO cases registered against his name in police stations here, the additional public prosecutor said.

Delhi HC sentences man to life term for sodomy

New Delhi: The Delhi High Court has sentenced a man to life imprisonment for sodomising a three-and-a half-year-old boy, observing that the child was subjected to traumatic and brutal sexual assault.

A bench of justices S Muralidhar and Vinod Goel dismissed the man’s appeal and upheld a trial court’s order convicting him for the offences of aggravated penetrative assault under the Protection of Children from Sexual Offences (POCSO) Act and kidnapping and wrongful confinement under the IPC.

The bench noted that the child was “too young to depose” in the court and the failure to examine him was not fatal to the prosecution’s case.

“The victim was a young three-and-a-half-year-old child and was subjected to traumatic and brutal sexual assault by the convict. In the circumstances, the court does not find any reason whatsoever to interfere with the sentence awarded to the him for the offences,” it said.

The incident took place on February 11, 2014, when the child’s father had come home to have lunch while he was playing outside his house.

When the boy did not return home for some time, he asked his wife to search for him and later lodged a missing complaint at Madhu Vihar Police Station in east Delhi.

While searching for the child, the police reached a nearby photocopy shop and on showing the boy’s photograph were told that a man had taken him to the building’s roof.

On opening the room, the police found the child along with the accused and seeing this, the agitated crowd started beating the man. Accused Vinod Soren was arrested.

In his defence, the man claimed that the boy was brought to his room by some people who assaulted him and later, police came to save him.

Soren also claimed that he had not done any wrong act with the child and had been falsely implicated.

The trial court, which had held him guilty of the offences and also imposed a fine of Rs 41,000, had directed that a compensation of Rs 7.5 lakh be paid to the victim.

The high court, while dismissing the convict’s appeal, said that the correctness of the forensic analysis report was not questioned by him and the conclusion drawn by the trial court that this was a clinching piece of evidence to connect him with the crime cannot possibly be faulted.

It noted that the victim was rescued from the convict’s room which was locked from inside and opened by him and said there was “more than adequate evidence”.

Malayalam actor granted conditional bail

Malayalam actor granted conditional bail
Malayalam actor granted conditional bail

Malayalam actor Sreejit Ravi, who was arrested after a complaint by school girls that he had behaved indecently, was today granted conditional bail by a court here.

Additional District Court judge K P Indira granted bail to the actor on the condition that he deposits Rs one lakh and two solvent surieties of the like amount, surrenders his passport and appears before the investigating officer every week.

Ravi was arrested under IPC Section 509 (word, gesture or act intended to insult the modesty of women) and POSCO (Protection of Children from Sexual offences) Act from a film shooting location at Ottapalam here yesterday.

The action followed after girls complained to their principal that the actor had taken their photo in his mobile and allegedly made indecent gestures while they were on their way to school, police said.

The girls had noted the number of the car and it was found to be that of Ravi, who, however, has denied the allegations.

( Source – PTI )

Man gets 10-year jail for sodomising minor boy

Man gets 10-year jail for sodomising minor boy
Man gets 10-year jail for sodomising minor boy

A man convicted for sodomising a four-year-old boy has been sentenced to 10-year jail by a Delhi court, which observed that the offence was “highly derogatory”.

Additional Sessions Judge Vinod Yadav, while sentencing Delhi resident Surender for the offence punishable under the provisions of Protection of Children from Sexual Offences (POCSO) Act, also imposed a fine of Rs 10,000 on him.

The court said that although the offence, for which Surender has been convicted, is “highly derogatory” the court can’t lose sight of the fact that he is having responsibility of his family comprising wife and minor daughter.

The court also directed Delhi Legal Service Authority (DLSA) to grant Rs 50,000 compensation to the victim and said that the amount be used for his rehabilitation and welfare.

“…The concept of welfare and wellbeing of children is basic for any civilised society and this has a direct bearing on the state of health and well being of the entire community, its growth and development,” the court said.

While convicting Surender for the offence, the court had said that prosecution has been able to prove the charge against him beyond reasonable doubt.

The court had rejected the defence taken by the convict that he was falsely implicated in the case due to the quarrel between him and child’s parents few days before the incident.

“It is also possible that on account of the accused having received beatings at the hands of the father of the child, he might have taken revenge by committing sexual assault upon the child victim,” the court said.

According to prosecution, on the complaint of the child’s father, an FIR was registered against the accused on October 16, 2013 under provisions of POCSO Act.

It said that as per the complaint, Surender had lured the boy playing outside his house with chocolates and had taken him to a secluded graveyard where he committed the unnatural offence with him.

Two youths of the locality heard the screams of child and rescued him from the accused, after which the police was informed.

Surender had pleaded not guilty and claimed trial.

Youth gets 5 yrs jail for sexually assaulting minor

Youth gets 5 yrs jail for sexually assaulting minor
Youth gets 5 yrs jail for sexually assaulting minor

A youth, convicted for sexually assaulting an 11-year-old girl, has been sentenced to five years in jail by a Delhi court which observed that it was a “highly derogatory” offence.

Additional Sessions Judge Vinod Yadav, however, took a lenient view considering Arjun’s poor family background and awarded the minimum punishment of five years to the Delhi resident for the offence of aggravated sexual assault under Protection of Children from Sexual Offences (POCSO) Act.

“The offence for which the youth has been convicted is highly derogatory. However, I cannot lose sight of the fact that he is the sole bread earner of his family and is having responsibility of his aged father and minor children.

“Bearing in mind, the facts and circumstances of the case, interest of justice would be met if the convict is accorded minimum sentence prescribed under Section 10 of POCSO Act, for which, he stands convicted as he has been able to make out good mitigating circumstances in his favour,” the judge said.

The court, which imposed a fine of Rs 5,000 on 27-year-old Arjun, also awarded the girl a compensation of Rs 10,000 to be released by District Legal Service Authority (north west).

“The concept of welfare and well being of children is basic for any civilised society and this has a direct bearing on the state of health and well being of the entire community, its growth and development.

“It has been time and again emphasised in various legislations, international declarations as well as judicial pronouncements that children are a ‘supremely important national asset’ and the future well being of a nation depends on how its children grow and develop,” it said.

It relied on testimonies of the minor and her mother, besides medical report of the accused, who had injury marks on his hand as the girl had bit him to escape his clutches.

“The evidence of the child victim is cogent, reliable and trustworthy and same is duly corroborated by the testimony of her mother. Even the injuries found on the hand of the accused and duly mentioned in his medical report support the testimony of the child victim,” it said.

According to prosecution, the girl had gone to the terrace of her building, when Arjun, who was also residing as a tenant there, sexually assaulted her.

She rescued herself by biting the accused’ hand and informed her parents, after which an FIR was lodged against him at Shalimar Bagh Police Station here and he was arrested.

During the trial, Arjun denied the allegations and claimed he was falsely implicated. He also sought leniency from the court saying he had responsibility of maintaining his aged father, wife and two minor children.

Court acquits man of charges of contracting child marriage

child marriageA Delhi court has acquitted a man of the offence of marrying a minor, noting that the girl was on the verge of attaining maturity and had eloped on her own will.

Additional Sessions Judge Gautam Manan absolved the man of offences under Prohibition of Child Marriage Act, Protection of Children from Sexual Offences(POCSO) Act and the Indian Penal Code(IPC), saying the 17-year-old girl was “willing” and everything happened with her consent.

“…The victim has categorically deposed that the accused did not establish physical relationship with her before marrying her. Hence, the accused cannot be held to be guilty of committing offence of rape or sexual assault on her…

“Further, since the victim, who was on the verge of maturity, had married the accused of her own free will and consent, the offence under the Prohibition of Child Marriage Act does not stand established,” the judge said, adding “everything seems to have happened with her free will”.

The court acquitted the man of the offences of contracting child marriage under Prohibition of Child Marriage Act 2006, kidnapping and rape under IPC, and sexual assault under POCSO Act.

According to the prosecution, the girl’s father had lodged a missing complaint of his daughter on May 15, 2013 alleging that she was kidnapped by the accused.

She was taken to the police two months later by the mother of the accused, it said, after which he was arrested.

The court, while acquitting the accused, relied on the testimony of the girl, who said she was in love with him and had not been enticed by him in any manner and was now living happily with him as his wife.

During the trial, the accused had denied the allegations levelled against him.

Man acquitted of charges of kidnap and rape of minor

A Delhi court has acquitted a man of charges of kidnapping and raping a 17-year-old girl after she turned hostile, saying she had lodged the complaint due to misunderstanding and under pressure from her parents.

Additional Sessions Judge Gulshan Kumar absolved the man of the offences under sections 363 (kidnap) and 376 (rape) of the IPC and under the provisions of Protection of Children from Sexual Offences (POCSO) Act.

“Prosecutrix is the star witness and she has not supported the case,” the judge said while noting that the girl had deposed that she had filed the complaint due to some mis- understanding and has no grudge against the accused.

“I am of the view that prosecution has miserably failed to prove its case beyond reasonable doubt. Accordingly, accused is acquitted of the offences,” the judge said.

According to the prosecution, a complaint was lodged against the man for allegedly kidnapping and raping the girl on February 11, 2014 near a school in east Delhi.

However, she deposed in court that she was engaged with the accused and there was some dispute regarding expenses of marriage between their family members.

She also admitted having filed the complaint under pressure from her parents and police officials.

During the trial, the accused pleaded not guilty and claimed he was falsely implicated.

 

Delhi youth gets life term for committing unnatural offence on minor

A youth has been awarded life term for committing aggravated penetrative sexual assault on a six-year-old boy by a court, which noted that children are a “supremely important national asset” and the future of a nation depends on how they grow and develop.

Additional Sessions Judge Illa Rawat sentenced Delhi resident Pankaj, who used to work in a carton factory, after finding him guilty under provisions of Protection of Children from Sexual Offences (POCSO) Act.

The court said that it has been time and again emphasised in various legislations, international declarations as well as the judicial pronouncements that “children are a supremely important national asset and the future well being of the nation depends on how its children grow and develop”.

It rejected convict Pankaj’s prayer for leniency that he has to take care of his parents and younger siblings, saying that as he comes from a family comprising younger brothers and sisters, “his act becomes all the more deplorable since he is expected to exercise restraint and caution while interacting with children.”

The court also imposed a fine of Rs 5000 on the convict and directed secretary of Delhi Legal Service Authority (DLSA) to provide Rs 2 lakh as compensation to the victim so as to provide him Restorative and Compensatory Justice.

While convicting Pankaj for the offence, the court said the testimony of victim and other witnesses examined by the prosecution, medical and forensic reports and other documents placed on record clearly suggest that prosecution has successfully proved the guilt of the accused, beyond reasonable doubt.

The court even rejected the contention of Pankaj that he was falsely implicated by the victim’s father as he has given a loan of Rs 10,000 to him, saying that it appears that the accused himself was so hard pressed for finances that he was unable to send money for his parents.

According to the prosecution, Pankaj who was residing as a tenant in Budh Vihar locality here had on May 5, 2013 called the victim to his house and committed penetrative sexual assault on him.

Later, when the victim complained to his mother, Pankaj was apprehended with the help of locals and handed over to police.

During trial, he pleaded innocence and said that he has been falsely implicated by the victim’s parents.

Youth gets 10-year imprisonment for raping minor in Haryana.

A youth was sentenced to 10 years imprisonment by a local court in Hisar on Thursday for raping an 11-year-old girl in January last year. Additional District and Sessions Judge Narender Sharma also imposed a fine of Rs 10,000 on 25-year-old Azad Ali.

The judge pronounced that in case of default in payment of the fine, Ali would have to undergo a further imprisonment of six months. Ali was a neighbour of the victim and had lured the school-going girl to his house on the pretext of helping her complete her homework on January 9, 2014.

He took the girl to his house in Mill Gate area here and raped her. The girl alleged that Ali threatened her of dire consequences if she revealed the matter to anyone.

The parents of the victim were not at home when the incident took place. The girl narrated the incident to her mother next morning, following which they approached the police.

After the victim’s medical examination in Civil Hospital in Hisar, the city police had registered a case under Section 376 (rape), 506 (criminal intimidation) of the IPC and under Protection of Children from Sexual Offences (POCSO) Act against Ali.