*Srinagar Court Delivers Verdict in Child Sexual Assault Case, Awards 12 Years RI, Orders Compensation*
Srinagar, Dec 23, : A Fast Track Court designated for cases under the Protection of Children from Sexual Offences Act in Srinagar has convicted a resident of Fakir Gujri area of Harwan for committing aggravated penetrative sexual assault on a minor boy in 2018 and sentenced him to 12 years of rigorous imprisonment.
The judgment was delivered by Presiding Officer Umi Kulsoom, who held Nazir Ahmad Doyi, son of Gami Doyi, guilty under Sections 5(m) and 5(n) read with Section 6 of the POCSO Act, along with Section 377 of the Ranbir Penal Code. The order on quantum of punishment was pronounced on December 15.
The case stemmed from FIR No. 45/2018 registered at Police Station Harwan on the complaint of the victimβs father. As per the prosecution, the incident occurred on August 8, 2018, when the victim, aged about five and a half years, was taken to the accusedβs house on the pretext of playing and was subjected to sexual assault.
During the trial, the court examined several witnesses including the victim, his parents, relatives, school authorities, and the investigating officer. After evaluating the evidence on record, the court concluded that the prosecution had proved the charges against the accused beyond reasonable doubt.
The court observed that minor inconsistencies in witness statements were not sufficient to discredit the prosecution case, particularly in view of the tender age of the victim. It also noted that the statutory presumption under the POCSO Act operated against the accused and that the defence failed to rebut the same.
The plea of false implication raised by the defence on the ground of an alleged land dispute was rejected, with the court observing that no reliable documentary evidence was produced in support of the claim.
While deciding the sentence, the court considered both aggravating and mitigating circumstances. The convict was sentenced to 12 years of rigorous imprisonment under the POCSO Act and 10 years of simple imprisonment under Section 377 RPC, with both sentences directed to run concurrently. The period already undergone by the convict during investigation and trial was ordered to be set off under Section 428 of the Criminal Procedure Code.
The court also awarded Rs 7 lakh as compensation to the victim for rehabilitation and directed the District Legal Services Authority Srinagar to take necessary steps for its release through the appropriate legal services authority.
The convict was remanded to Central Jail Srinagar to serve the remaining sentence.
