Delhi HC upholds 10-yr jail term to man for minor’s sexual assault

New Delhi, Feb 10 (PTI) The Delhi High Court has upheld the 10-year jail term of a man for allegedly sexually assaulting a minor girl, who conceived after the incident.

Justice Amit Mahajan said the convict was unable to prove that the survivor was tutored and observed the quantum of sentence was proportional with the crime.

“The court finds the quantum of sentence to be proportional with the crime committed by the appellant. This court finds no reason to interfere with the impugned judgment and order on sentence. The appeal is dismissed,” held the court.

A forensic report, said Justice Mahajan, strongly supported the man’s conviction, negating claims of a false case.

The verdict, passed on February 7, observed the trial court rightly questioning why a 13-year-old girl would make up such a story to frame the man.

“The survivor never deviated from her categorical assertion that the appellant sexually assaulted her on multiple occasions. The minor inconsistencies pointed out by the defence do not dilute the overall credibility of her testimony,” it added.

The police registered a case on the allegations that the man, known to the minor, repeatedly sexually assaulted her whenever her grandmother went out for work in 2017.

She complained of stomach pain and confided in her grandmother the events following which the matter reported to the police.

It also came record that the girl was pregnant after the incident and her pregnancy was terminated later.

The high court said the Protection of Children from Sexual Offences Act provided a legal framework for safeguarding the rights and well-being of children and protecting them from sexual offences.

The act acknowledged the unique vulnerability of children in such cases and it provides for punishment of sexual offenders who commit such offences against children and these cases must be dealt with utmost sensitivity, it said.

The high court said the allegations were grievous in nature.

His counsel challenged the survivor’s credibility arguing there were inconsistencies in her narration, including the nature of assault.

The high court, however, said it was apparent that the survivor’s statement remained consistent in material particulars and minor discrepancies were not fatal to the prosecution’s case.

“Insofar as the sentence of the appellant is concerned…the trial court has rightly appreciated the seriousness of the offence and taken into account that the victim was merely 13-years old at the time of the incident,” it said.