SBS Nagar Court Sentences Balachaur Man to 20 Years’ Rigorous Imprisonment in POCSO Case
PHAGWARA: The Court of Additional Sessions Judge-cum-Judge (Special Court) for Heinous Crimes against Women and Children, Shaheed Bhagat Singh Nagar, has convicted 27-year-old Angad in a case involving aggravated penetrative sexual assault of a minor and sentenced him to 20 years’ rigorous imprisonment. The judgment was delivered by Special Court Judge Ms. Aprajita Joshi in connection with FIR No. 70 dated September 7, 2022, registered at Police Station City Balachaur under Section 377 of the IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
According to the court’s findings, the victim was a child aged around six to seven years. The court held that the prosecution had established the accused’s guilt beyond reasonable doubt. The judgment also noted that the accused had hearing and speech impairment, and an interpreter, Kuldip Kumar, IERT, Nawanshahr, was specially deputed to assist him through sign language during the proceedings.
The court rejected several arguments advanced by the defence, including objections concerning the delay in registration of the FIR, absence of semen in the forensic report and the claim that conviction could not be based on the testimony of an uncorroborated child witness. The court held that the absence of semen did not rule out penetrative sexual assault, observing that penetration even to the slightest extent was sufficient to constitute the offence. It found the child’s testimony reliable, persuasive and trustworthy, while also noting that material aspects were corroborated by the statements of the child’s parents and the landlord.
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The court further observed that the accused was known to the victim’s family and had allegedly abused the trust placed in him. It noted the serious physical and emotional consequences of the offence for the child, observing that such trauma could have lasting effects on the victim’s sense of safety, trust and emotional well-being.
The court sentenced Angad to 20 years’ rigorous imprisonment and a fine of ₹50,000 under Section 6 of the POCSO Act, directing that the entire fine under this provision be paid to the victim. In default of payment, he will undergo an additional eight months’ rigorous imprisonment. He was also sentenced to 10 years’ rigorous imprisonment and a fine of ₹20,000 under Section 377 of the IPC, with ₹15,000 of that fine to be paid to the victim and ₹5,000 to the State. A further six months’ rigorous imprisonment was ordered in default of payment of the latter fine.
In addition, the court awarded ₹5 lakh as compensation to the victim for rehabilitation and the mental trauma suffered, directing that the amount be deposited in a fixed deposit receipt in a nationalised bank. The matter was ordered to be sent to the Secretary, District Legal Services Authority, Shaheed Bhagat Singh Nagar, for disbursement under the applicable victim compensation scheme.
In its observations, the court emphasised the profound impact sexual assault can have on a child’s dignity, self-esteem, confidence and sense of trust, describing such offences against minors as a grave violation of their fundamental, constitutional and human rights. The court also stressed that appropriate punishment in proved cases is essential to maintaining public confidence in the justice system and ensuring that the seriousness of such offences is reflected in sentencing.
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