- The Hon’ble Supreme Court while hearing the case of, Nawabuddin v State of Uttarakhand, observed that children, especially a girl child need full protection and greater care and in cases of sexual offences against them, the responsibility on the shoulders of the Court becomes more onerous.
- In most cases of sexual offences against children, the perpetrator is usually a family member or a close friend and most of these cases are not even reported. Therefore, no leniency must be shown to an accused under Prevention of Child from Sexual Offences Act, 2012 (POCSO).
- Brief facts of the case are that the accused-appellant entices a four-year old girl (victim) and took her in the bushes with an intent to rape her. However, he was spotted disrobed and in the processing of the raping the girl by a few persons.
- A First Information Report (FIR) was filed and the accused was charged under Section 376(2)(i) of the Indian Penal Code, 1807 (IPC) and Sections 5 and 6 of the POCSO Act. Section 376 of IPC provides punishment for rape and Sections 5 and 6 deal with aggravated sexual assault and punishment for the same.
- The Trial Court sentenced the accused to life imprisonment and along with a fine. This order was confirmed by the High Court (HC). Aggrieved the accused filed an appeal with the Supreme Court on the contending that his conviction under Section 5 and 6 is not tenable. At most the case may fall under Section 7/8 of POCSO Act. Section 7 of POCSO Act defines sexual assault and Section 8 prescribes punishment for the same.
- The Counsel for accused submitted that the offence was an attempt to commit aggravated penetrative sexual assault punishable under section 8 of POCSO Act and in the alternative it was also submitted that considering the age of the accused (75 years), imposing life sentence is too harsh and disproportionate to the offence committed.
- The Hon’ble SC while hearing the matter, confirmed the conviction of the Trial Court and High Court under Sections 5 & 6 of POCSO Act. The Court held that the offences tantamount to penetrative sexual assault under section 3(b) read with section 5 of POCSO Act.
- The two judge Bench further remarked that awarding a suitable punishment which is commensurate with the commission of an act of sexual assault, harassment , a strong message must be sent out to the society that no leniency shall be shown to offenders under POCSO Act.
- The Court further observed that POCSO Act has been enacted to protect children from sexual offences as provided under Articles 15 and 39 of the Indian Constitution.
- In the instant case, the neighbour, instead of fulfilling his responsibility and showing fatherly love and affection toward the child, exploited the victim’s innocence and vulnerability.
- Concluding the case, the Court, considering the mitigating circumstances, the age of the accused and his health converted his life imprisonment to rigorous imprisonment of 15 years and upheld the fine imposed by the earlier courts.
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