The Delhi High Court has confirmed the jail term of a man for sexually assaulting a five-year-old, who pointed to the private parts of the doll in her hand to convey to the court about the ordeal she had suffered.
Justice S.P. Garg relied on the oral testimony of the victim who referred to the doll in her hand to convey about the incident.
The court upholding five years' jail term awarded to the 23-year-old man by a trial court here, said: "She had conveyed as to what was done by the appellant with her. Nothing more can be expected from a child aged around five years considering her limited understanding."
At the time of recording the girl's testimony in the court, the sessions judge gave a baby doll to the girl which kept her engaged. "The crime committed is very serious. The victim a child aged around five years was sexually assaulted and defiled... The court can well understand the trauma of the kid whereby she suffered sexual assault at such a small age," the High Court said.
"The appellant aged around 23 years was well aware of as to what he was doing. The Trial Court has already taken a lenient view and no modification of the sentence order is called for; there being a 'minimum' sentence under Section 10 POCSO Act," the bench said dismissing the appeal made by the convict.
The incident happened in July 2014 when the victim was going to school with her 10-year-old brother. The convict Hunny gave Rs 10 to the boy and asked him to bring something from a shop and kidnapped the girl. He took her to Narela in north west Delhi and sexually assaulted her after disrobing and slapping her and later he left the girl near her house.
The girl was found crying and wandering on the streets without her skirt by a woman from the neighborhood who took her home. Initially, being in state of shock, she did not disclose anything to her family but later told her mother about the incident.
The man was arrested with the help of a CCTV footage of the area from where the child was kidnapped.
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