POCSO Act – Artifex.News https://artifexnews.net Stay Connected. Stay Informed. Fri, 27 Sep 2024 01:51:10 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://artifexnews.net/wp-content/uploads/2023/08/cropped-Artifex-Round-32x32.png POCSO Act – Artifex.News https://artifexnews.net 32 32 Kolkata court gives death penalty to man for rape and murder of minor under the POCSO Act https://artifexnews.net/article68686993-ecerand29/ Fri, 27 Sep 2024 01:51:10 +0000 https://artifexnews.net/article68686993-ecerand29/ Read More “Kolkata court gives death penalty to man for rape and murder of minor under the POCSO Act” »

]]>

File photo shows mob setting a police vehicle on fire after the death of a girl, at Tiljala area in Kolkata on March 27, 2023.
| Photo Credit: The Hindu

A man was awarded death penalty for the rape and murder of a 7-year-old minor by the Alipore District and Session Court in Kolkata on Thursday (September 26, 2024).

The crime had occurred in March 2023 when the people of West Bengal had erupted in widespread protests against the heinous crime. 

POCSO judge Sudipto Bhattacharya sentenced the accused Ashok Shaw to death and said that this crime is “rarest of the rare” cases. The judge also noted that the girl was a minor and had no way of defending herself when the heinous crime was committed on her. 

According to the autopsy report the minor’s body bore blunt weapon injury and strangulation marks. 

The judge found the accused Shaw guilty of rape and murder of the minor and sentenced him to death penalty for the crime. The trail was finished within a year after the charge sheet was filed by the local police. The charge sheet was filed on June 16, 2023. More than 45 witnesses were examined during the course of this trial.  

In the order the court also said the West Bengal government must pay ₹10 lakh to the victim’s family under the victim compensation scheme of the State.  

Minor missing 

On March 26, 2023, the minor had gone missing in the Tiljala area when she had gone out to get milk and drop off a garbage bag on her mother’s request. Hours after she had gone out, she did not return home. The worried parents reached the Tiljala Police Station and filed a missing report. 

The police conducted search and rescue operation in the area and also looked through CCTV footage in the area and realised that the girl had returned to the building after completing her tasks.  

After searching through all the flats in the building the police recovered her body from one of the neighbours apartments. The body was found brutalised and wrapped in a gunny bag lying inside the kitchen. 

The locals in the Park Circus and Tiljala area broke out in protests and vandalised multiple vehicles demanding justice for the minor. 



Source link

]]>
Delhi High Court Reverses Acquittal Of “Monster” Father For Raping Minor Daughter https://artifexnews.net/delhi-high-court-reverses-acquittal-of-monster-father-for-raping-minor-daughter-5665870rand29/ Wed, 15 May 2024 02:04:08 +0000 https://artifexnews.net/delhi-high-court-reverses-acquittal-of-monster-father-for-raping-minor-daughter-5665870rand29/ Read More “Delhi High Court Reverses Acquittal Of “Monster” Father For Raping Minor Daughter” »

]]>

The high court said trial court gave “unwarranted weightage to superficial contradictions”

New Delhi:

The Delhi High Court on Tuesday held guilty a father of repeatedly raping his minor daughter for two years, reversing a trial court decision that acquitted him of all charges on the basis of delay in reporting the matter.

A bench headed by Justice Suresh Kumar Kait allowed appeals by the State as well as the victim along with her mother and brother against the acquittal, and remarked that instead of finding a “monastery” in her father’s lap, the minor girl found a “monster”.

Holding that every delay in reporting the matter cannot be branded fatal in a mechanical manner, the court noted that the victim, who was 10 years old at the time she was first raped, tolerated sexual assault by her father for approximately two years afterwards. She went to the police after noticing that her father had beaten her mother and brother instead of mending his ways, the court said.

It held that the testimony of the victim inspired full confidence and the trial court gave unwarranted weightage to superficial contradictions.

“The wrongdoer was not any outsider or stranger. The victim must have thought that she would find a ‘monastery’ in the lap of her father. Little did she realise that he was rather a ‘monster’,” the bench, also comprising Justice Manoj Jain, said.

“In view of the apparent compelling reason that the finding recorded in order of acquittal is contrary to the evidence, we have no hesitation in reversing the same. 106. Consequently, we hereby allow both the appeals and hold the respondent guilty for commission of offences punishable under Section 6 (Punishment for aggravated penetrative sexual assault) of the POCSO Act and Sections 506 (Punishment for criminal intimidation) and 323 (Punishment for voluntarily causing hurt) IPC,” the court held.

The trial court had passed the order in June 2019 following the registration of a case in 2013.

The court directed that the matter be listed on May 24 for arguments on sentence.

In the order, the court observed that such incidents of sexual assault are often not reported because the victim and her family members feel that their image and repute would be tarnished and even in the present case, the victim claimed to have told her mother about the incidents but she was snubbed.

The court said it “strongly” felt and believed that the incident of the father beating up her mother and brother acted as a catalyst and acted as a “saturation point” for the victim and her family and therefore the delay could not be said to be fatal.

“We need not remind ourselves that we are dealing with a matter where a daughter has been raped by her own father inside her own house, not once but repeatedly… It is not difficult to understand the dilemma of such a mother as well,” the court stated.

“In a patriarchal set up, which is still very much predominant in our country, such matters are either not reported at all or reported when it is beyond the tolerance of the victim. Here, the victim did not see any ray of hope as her father, despite being questioned, did not mend his ways and scolded not only his wife but also the victim and in such a peculiar situation, the victim kept on tolerating such sexual assault for approximately two years,” added the court.

The court remarked that had the parties immediately rushed to the police, the victim might have been saved from perpetual trauma and sought a report on the payment of compensation to her. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

]]>