Paridhi Arya
Published on April 18, 2022 at 13:10 IST
The Court while hearing the Case under Protection of Children from Sexual Offences Act awarded the 40-year-old father of the Victim five years of Rigorous Imprisonment for touching private part of the Victim.
The complaint was made by Victim’s mother after the teacher told her that her daughter uses to rub herself from the corner of bench.
The Lawyer who was defending the Accused Cited the Skin to Skin Judgment which was denied by the Court and it was clarified that Protection of Children from Sexual Offences Act didn’t define that how Victim should be touched it only talks about Sexual Intent of the Accused.
“Needless to say, that the Accused did it (touching) with Sexual Intent which affects the mind of the small Victim,” Court said.
In the Testimony of the Victim she didn’t use the word finger this argument by Defense was also refused by the Court.
“A father is a fortress, trustee of his daughter. This Crime, therefore, becomes more grievous. In present Case, I do not find extenuating or mitigating circumstances on record to justify imposition of lesser Punishment than prescribed by Law” said by Special Judge.
The claim was made by Father that the mother was not at all interested in looking after their child and this was the matter of fight between them and that is why she is Falsely Implicating him in this Case.
The Court observed “The Act of the Victim first were noticed by her teacher and then mother come to know about it so there is no possibility of False Implication of Accused out of Grudge”.
