Swarna Shukla-
Published On: November 28, 2021 at 13: 35 IST
A Special POCSO Judge sentenced a man to life imprisonment after finding him guilty for sexually assaulting a 8-year-old girl. The Court examined ten witnesses, heard the case, Convicted and awarded life imprisonment sentence to him, all in one day.
Special POCSO Judge Shashi Kant Rai disposed of the case within one day and all the ten witnesses were examined on same date and the Order as to his being guilty was declared on October 4, 2021.
The charges were framed under Section 376 AB of Indian Penal Code (IPC) and Section 4 of POCSO Act on 24 September 2021, and the same were read over and explained to the Accused named Dilip Kumar Yadav to which he pleaded not guilty and claimed to be tried. The Special Public Prosecutor in the case submitted that medical as well as ocular evidence pointed to the guilt of the accused. The case of the defense was one of general denial.
The Court’s Order stated, “has been extracted from the mouth of this witness. She has remained steadfast and consistent and nothing has been elicited in order to demolish her trustworthiness and credibility.”
The Court relied on the judgment of the Supreme Court in Sakhare Vs. State of Maharastra in which it was held that if a child witness is found to be competent and such evidence could be the basis of Conviction.
The Public Prosecutor urged the Court to consider the manner in which the rape was committed and prescribe the maximum punishment. The convict was sentenced to life imprisonment for the remainder of his natural life as well as a fine of Rs. 50,000, 75 per cent of which would be given to the rape survivor.
The rape survivor was entitled to compensation under the Victim Compensation Scheme and the Araria District Legal Services Authority was directed to pay her Rs. 2,00,000.