The case pertains to an incident where a man allegedly trespassed into the house of a 12-year-old girl and sexually assaulted her while she was watching television.
The Kerala High Court verdict came on the appeal filed by the accused against the decision of the First Additional District and Sessions Court, Kollam which found him guilty under Section 451 of the Indian Penal Code and Section 3 read with Section 4 of the POCSO Act.
For the offence under the POCSO Act, he was sentenced by the trial court to undergo rigorous imprisonment for 7 years and to pay fine of ₹50,000, and in default of payment of fine, to undergo simple imprisonment for three more months under Section 3 read with Section 4 of the POCSO Act.
The accused was also sentenced by trial court to undergo rigorous imprisonment for 2 years and to pay fine of ₹25,000 and in default of payment of fine, to undergo simple imprisonment for three more months for the offence punishable under Section 451 IPC.
The trial court had also ordered the substantive sentences to run concurrently.
The prosecution case rested significantly on the evidence tendered by the minor survivor. Pertinently, the High Court noted that she narrated the conduct of the accused in making her lie down on the floor and pricking her lower private part using his finger after removing her clothes.
This was used by the prosecution to establish the offence under Section 3(b) of the POCSO Act which reads as follows:
“3. Penetrative sexual assault.- A person is said to commit “penetrative sexual assault” if-(b) he inserts, to any extent, any object, or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person;”
Source: Barandbench
