In this post we will discuss about In this post we will read about one of the fastest Disposal of child sexual assault case in recent times wherein A Court in Hathras, Uttar Pradesh concluded trial in just 23 days, on a POSCO case, sentencing a 36 year old man who had raped his one and half year niece and left her seriously injured for lifetime.
COURT GIVES VERDICT WITH IN 23 DAYS ON A POSCO CASE.
On January 2nd around 7:00 PM, the accused Veerendra, had told the girls mother he was taking her to play. When he did not bring her back for hours, her mother started Looking for her. Scouring the village, he found Veerendra carrying her daughter home. He hurriedly handed her over and fled. Left behind was the toddle, injured and bleeding. If left un operated The injuries could have had a lifelong effect. That night, the mother filed a complaint. police immediately registered FIR under Section 376 IPC rape and Section 5 and 6 of POSCO Act.
Section 376 IPC says Whoever, commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
Section 5 of POSCO Act( penetrative sexual assault)reads as whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm and injury or injury to the sexual organs of the child; or whoever being a relative of the child through blood or adoption or marriage or guardianship or in foster care or having a domestic relationship with a parent of the child or who is living in the same or shared household with the child, commits penetrative sexual assault on such child.
Section 6 of POSCO Act ( punishment for aggravated penetrative sexual assault) sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death
The above disposal of case is example for the progressive nature of legal system and judiciary in India which it lacked early. It is so an good answer for the criticism about lower efficiency of lower courts. In above case the complainant, police and court acted efficiently to give justice thus the speedy disposal of the case happened. If such fast disposal happens in POSCO and rape cases we can hope for the less crime rate in these areas.
Virendra was arrested on very next day after the complainant was field, from a farm. By January 14, the police wrapped up its investigation in 11days. SP Jaiswal filed a charge sheet Two days later court framed charge against him. Additional District judge (POSCO) Prathibha Saxena delivered her verdict. The process completed within 23 days of filing charge sheet and in just 14 working days.
Virendra was sentence to life until his natural death along with fine of one lakh rupees.
This post is written by Revathi Balakrishnan
For case specific advice, one can contact Expert POCSO Lawyers Advocates practicing in Chandigarh Panchkula Mohali Kharar Derabassi District Courts (Criminal).
For more info contact 9988817966
This post covers topics related to supreme court judgement on pocso, bail granted in pocso judgement, pocso case dismissed, pocso acquittal case,s supreme court on pocso act, bail pocso cases, medical evidence in pocso cases ,pocso case laws.