A man, held guilty of sexually assaulting a 12-year-old girl, has been released on probation by a Delhi court which took a lenient view considering his poor economic background and said he "deserves to be given a chance for reformation".
Additional Sessions Judge Vinod Yadav held Sunil, a truck driver residing in Delhi, guilty of the offences under section 354 (molestation) of the IPC and section 8 (sexual assault) of Protection of Children from Sexual Offences (POCSO) Act.
"It has been categorically proved that the child correctly identified the accused to be the person who had inflicted sexual assault upon her. The defence could not shake the veracity of the testimony of the victim," the judge said.
The court, however, took a lenient view towards him, saying, "... Having regard to the fact that this is the first offence of the convict... To the economic condition of the convict's family and recommendation for probation made by the Probation Officer, Rohini, the convict deserves to be given a chance for reformation by taking a lenient view."
It gave him benefit of probation with a direction to file a personal bond of Rs 10,000 for good behaviour along with with a surety in the like amount for one year.
The court also directed the North West District Legal Service Authority (DLSA) to grant compensation of Rs 50,000 to the victim while observing that "children are an important national asset and future well being of the nation depends on how its children grow and develop".
"It has been time and again emphasised in various legislations, international declarations as well as judicial pronouncements that the children are a 'supremely important national asset' and the future well being of the nation depends on how its children grow and develop," the judge said.
While convicting 38-year-old Sunil, the court also relied on testimonies of the victim's parents and noted that the minor had correctly identified the accused in court.
"There is clearly no inconsistency in the evidence of three witnesses (victim and her parents) and same has ring of truth..." it said.
According to prosecution, on the night of June 3, 2013, the minor was sleeping on a cot with her two sisters while her parents were lying nearby, in a lane outside her house, when Sunil allegedly sexually assaulted her.
She raised an alarm and the accused was thrashed by her parents and neighbours and was handed over to the cops of Aman Nagar Police Station in north west Delhi.
Sunil had sought leniency from the court on the ground that he was poor and had two minor children to look after.
