POCSO news: Calling the rape of an 11-year-old minor girl “heart-wrenching” and an assault on the constitutional values and the “dignity of childhood” itself, a Delhi court has sentenced a 25-year-old man to five years’ rigorous imprisonment.

Additional Sessions Judge Babita Puniya of the Fast Track Special Court (POCSO)-02, Tis Hazari Courts, was hearing sentencing arguments in the matter arising out a case registered under Section 10 (aggravated sexual assault) of the POCSO Act and Section 74 (Assault or use of criminal force to woman with intent to outrage her modesty) of the Bharatiya Nyaya Sanhita.

“It is heart-wrenching to witness how children are not safe even outside their homes in today’s society. The sexual exploitation and abuse of a child of 11-years by a 25-year-old married man is a gross violation of this fundamental right to live with dignity, free from exploitation. The convict’s act is not merely an offence against an individual child but an assault on the constitutional values and the dignity of childhood itself,” the court said on May 8 in its sentencing order.

The case was instituted on April 24 following which the court convicted the man on May 7.

During the hearing on sentence in the POCSO case, the defence argued that the convict was a first-time offender with no previous criminal history and was responsible for supporting his wife and two young children.

A lenient view was sought on account of his family circumstances and age.

The prosecution opposed the plea and sought strict punishment, arguing that offences involving children required a strong deterrent response.

Counsel representing the child also argued that factors such as family responsibilities or educational background could not dilute the seriousness of offences under the POCSO Act.

Rejecting the plea for leniency, the court held that the convict’s status as a first-time offender did not constitute a mitigating circumstance in a case involving sexual assault on a child.

The judge also took note that the responsibility of maintaining a family could not be invoked after committing such an offence.

The court observed that the victim was below 12 years of age, which brought the offence within the ambit of aggravated sexual assault under the POCSO Act.

It also noted the considerable age difference between the convict and the child while assessing the gravity of the offence.

“The aggravating circumstances in casu far outweigh the mitigating factors. The convict has miserably failed to show any cogent and compelling reason for leniency other than the age of his children,” the court said.

At the same time, the court clarified that an accused exercising the right to trial could not be viewed as a lack of remorse.

“Simply because he claimed trial and pleaded not guilty to the charge does not indicate no remorse,” the court said.

Holding that the aggravating circumstances outweighed the mitigating factors, the court sentenced the convict to five years’ rigorous imprisonment, imposing a fine of Rs 10,000 under Section 10 of the POCSO Act.

No separate sentence was awarded under Section 74 BNS in view of the bar on double punishment, where the POCSO provision carried a higher sentence.

The court also directed payment of Rs 3 lakh compensation to the child under the Delhi Victim Compensation Scheme, observing that while monetary relief could not erase trauma, it could assist rehabilitation and recovery.

She must have suffered and may still be suffering mental pain/agony because of the conduct of the convict, the court noted in the POCSO case.

It added, “While no amount of money can fully erase the scares of such sexual assault and the resultant psychological damage, compensation can provide some solace to the victim and help her in her long journey of rehabilitation, counseling and recovery.”

The order further directed the Delhi State Legal Services Authority to facilitate the compensation process for the child and reiterated the statutory prohibition on disclosure of the victim’s identity in such offences.