The Uttarakhand High Court has affirmed the conviction of a man for sexually assaulting a 10-year-old child while reducing his prison sentence from 12 years to 10 years of rigorous imprisonment.
A division bench comprising Justice Ravindra Maithani and Justice Siddharth Sah issued the ruling on Wednesday while disposing of an appeal filed by the convict, Vijay Bahadur. The judges modified the sentence after taking into account that Bahadur had already undergone more than nine years and two months of incarceration.
Evaluation Of Evidence And Testimonies
In reviewing the conviction, the high court rejected challenges raised regarding delays in registering the first information report and procedural questions concerning the Forensic Science Laboratory analysis.
The division bench observed that the survivor and her brother, who witnessed the crime, provided steady and credible accounts that remained firm during cross-examination. The court added that the findings of the child’s medical examination further reinforced the prosecution’s case, providing no justification to disturb the underlying verdict of guilt.
Background Of The Case
The incident occurred in 2017 in the Kapkot area of Bageshwar district, where the victim’s parents worked as manual labourers. According to the prosecution, Bahadur brought the girl inside his tent and subjected her to sexual assault, an act observed firsthand by her brother.
In February 2018, a special court designated under the Protection of Children from Sexual Offences (POCSO) Act in Bageshwar found Bahadur guilty, awarding him a 12-year rigorous imprisonment term alongside a financial penalty of Rs 10,000.
Contrast With Recent POCSO Ruling
The ruling comes shortly after a separate judgment by the Delhi High Court concerning the sexual assault of another 10-year-old child under the POCSO Act.
In that case, the Delhi court sustained an order directing the convict to serve imprisonment for the remainder of his natural life. The court praised the young complainant’s resolve, supported her request that the offender remain behind bars indefinitely, and stated that the perpetrator would pose no further danger to her or any other child.
