A man has been sent to five years rigorous imprisonment for sexually assaulting a five-year-old girl with a Delhi court observing that the well-being of a child was "basic for any civilised society".
Additional Sessions Judge Gautam Manan handed down the jail term to UP native Sandeep, holding him guilty of the offence of aggravated sexual assault under section 10 of POCSO Act and imposing a fine of Rs 5,000 on him.
"The concept of welfare and well being of children is basic for any civilised society and this has a direct bearing on the state of health and well being of the entire community, its growth and development.
"It has been time and again emphasised in legislation, international declarations as well as judicial pronouncements that children are a 'supremely important national asset' and future well being of the nation depends on how its children grow and develop," the judge said.
The judge also refused to release Sandeep, who has already spent two years in jail, on probation, saying "in my considered opinion, the nature of offence committed by the convict does not demand that he be released on probation. Interest of justice would be met, if he is sentenced to rigorous imprisonment of 5 years and fine of Rs 5000."
The court also awarded a compensation of Rs one lakh to the victim to be given to her parents through Delhi State Legal Service Authority (DSLSA).
While convicting the accused, the court relied on the testimonies of the complainant who was an eye-witness to the incident, the victim's mother and medical evidence.
"Allegations against the accused of committing sexual assault on a five-year-old child stand proved. Thus, the accused stands convicted for the offence..." it said.
According to prosecution, on June 11, 2013 when the girl was playing outside her house, the accused took her with him and sexually assaulted her.
A woman, who was passing by, caught the accused in action and informed the girl's parents immediately, after which Sandeep was handed over to the police, it said.
During trial, the accused denied the allegation levelled against him and claimed he was falsely implicated. The court, however, rejected his claims saying he failed to establish any defence.
According to prosecution, on April 3, 2013 the accused
saw the girl coming down the staircase of her house alone and sexually harassed her. She informed her mother, who informed the police after which he was apprehended.
Jitender, resident of Rohini here, was held guilty of offences under section 354A (sexual harassment) of the IPC and section 8 (sexual assault) of the POCSO Act.
During the trial, the youth had denied the allegations saying parents of the victim, in connivance with the police, falsely implicated him in the case.
He had contended that victim deposed under influence of her mother and hence, her testimony was not trustworthy, an argument rejected by the court.
