Ghaziabad: A special Pocso court on Monday sentenced a man to 20 years’ rigorous imprisonment and imposed a fine of Rs 1 lakh for sexually assaulting his minor neighbour in Modinagar three years ago. The convict had lured the child to his bicycle for a quick trip to the market to buy a TV remote, but instead took her to a desolate spot and raped her. Additional sessions judge Neeraj Gautam relied on the survivor’s testimony, declaring her a sterling witness, and medical reports to convict the accused.The court found the survivor was under 12 years of age at the time of the offence and sentenced the convict under Section 6 of the Prevention of Children from Sexual Offences (POCSO) Act for aggravated penetrative sexual assault. Of the Rs 1 lakh fine imposed, Rs 80,000 is to be paid to the survivor for her treatment and rehabilitation, the court said.An FIR in the case was registered at Modinagar police station on July 7, 2023, after the survivor’s mother reported that her daughter had been picked up in the afternoon by a neighbour, taken to a nearby ruin and raped. A chargesheet was filed on Aug 9, and charges were framed on Oct 12 that year.The prosecution examined six witnesses, including the survivor’s mother, the survivor herself and the doctor who conducted the medico-legal examination. The defence examined two witnesses, one of whom admitted to giving false evidence.Special public prosecutor Utkarsh Vats said the survivor’s account was reliable and consistent, with no contradiction between her statement recorded under Section 164 CrPC and her deposition before the court. “Her evidence is corroborated by the testimony of the plaintiff and the investigating officer,” he said. The examining doctor, Sonia Sehgal, testified that the survivor had an abrasion on the inner thigh and that medical examination indicated vaginal intercourse, with redness and swelling in the internal parts.The defence contended that the FSL report did not establish a match between the male-specific allele recovered from the survivor and the accused, and argued he deserved the benefit of doubt.The court rejected the argument. Judge Gautam held that, notwithstanding the FSL report’s failure to match the accused’s DNA, the survivor’s credible testimony and corroborating medical evidence were sufficient to establish guilt beyond any doubt. Citing Supreme Court precedent on child witnesses, the court found the defence had failed to show any contradiction in the survivor’s statements.
