Madras HC Expresses Concern Over Girl Child Sexual Assault Crimes Despite Female President

Madras HC Law Insider

LI Network

Published on: 22 August 2023 at 11:31 IST

The Madras HC upheld the conviction of a man who sexually assaulted a 4.5-year-old girl, emphasizing the need for stricter laws and effective implementation to eradicate such heinous crimes in a society where the President is a woman.

The bench of Justice R. Hemalatha expressed its concern, stating that in an era when a woman holds the position of President, the prevalence of such crimes on a daily basis is shameful and calls for immediate action.

“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,” the court observed.

In its ruling, the court also recognized that in a developing country marked by taboos and biases, when women are breaking free from ignorance and illiteracy, incidents like these make it apparent that the future of young girls is at risk.

The court further emphasized that sexual abuse, drugs, and alcohol are three deeply rooted issues that hinder society’s progress and development.

These remarks were made during the consideration of a criminal appeal filed by the accused, Ramki, a painter, who was convicted of sexually assaulting the young child by kissing her on the lips, touching her genitalia, and causing pain and bleeding.

The court found Ramki guilty under Section 6 @ 10 of the POCSO Act, 2012, and sentenced him to 7 years in prison.

During the proceedings, Ramki’s counsel argued that vital witnesses were not examined by the prosecution, creating doubts about the occurrence of the crime.

The defense also pointed out inconsistencies in the victim’s statements, On the other hand, the Public Prosecutor contended that the child’s consistent testimony demonstrated the truth.

The High Court stressed the severity of sexual assault on minor children and the need for stringent punishment to deter such acts.

The court found the victim’s deposition compelling and discredited Ramki’s claims of innocence.

Notably, the defense’s question to the child about which hand the accused used for the assault was deemed inappropriate.

Given the circumstances and the strong testimony of the victim, the court dismissed the appeal and maintained the accused’s conviction and sentence.

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