Additional Sessions Judge Pawan Kumar Jain awarded the jail term to 20-year-old Vinod Kumar, who was working as a bed roll boy in an AC-II tier coach of Brahmputra Mail when he sexually assaulted the 11-year-old girl last year.
"Admittedly, convict (Kumar) was working as a bed roll boy in the AC IInd class coach in Brahmputra Mail. Thus being the coach attendant, it was his duty not only to serve the passengers but also to protect them from any danger.
"Further, since victim was below 12 years of age, thus due to her tender age, she was unable to protect herself," the court observed.
The court sentenced Kumar, a resident of Farukkhabad in Uttar Pradesh, to five years in jail and imposed a fine of Rs 2,000 on him for the offence of aggravated sexual assault under the Protection of Children from Sexual Offences Act.
She alleged that her daughter opposed his act and tried to call her (mother) but she could not hear as she was in deep sleep. The girl rushed towards the washroom followed by Vinod who also entered the toilet with her, the woman said.
He assaulted her in the washroom by inappropriately touching her after which the girl pushed him back and rushed towards her mother and shouted, the woman said.
The child and her mother deposed on similar lines, maintaining their stands in the court.
Vinod claimed that he was falsely implicated in the case and the girl was harassed by a co-passenger who was at a berth near to the minor's seat.
The court, however, rejected his contention saying that the defence version does not inspire confidence.
The court said the minor did not know Vinod previously and she had no enmity with him and that there was no reason for her to falsely implicate him.
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