Sexual activities with girls of “immature” age have a traumatic effect on their lives and such crimes committed by a person in a position of trust and authority adversely affects a child’s perception to look at life positively, a special court said while sentencing a man to 10 years in jail for sexually assaulting his minor daughter.
The man was held guilty of sections 354 (molestation) and 509 (words, gestures or acts intended to insult the modesty of a woman) of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
The details of Special POCSO Judge Seema Jadhav’s February 23 order were made available on Friday.
As per the prosecution, the man would sexually assault the girl between 2013 and 2017 when her mother used to be out for work. He had also threatened her of dire consequences if she narrated her ordeal to anyone.
“The accused is not a stranger but father of the victim. Sexual activities with young girls of immature age have a traumatic effect, which persists throughout her life and often destruct the whole personality of the victim,” the court said.
“Crimes like this by a person who is in the position of trust and authority adversely affects the perception of the child to look forward towards life in a positive way,” the judge said.
Join LAW TREND WhatsAPP Group for Legal News Updates-Click to Join
The court said the accused, in this case, was in the position of a mother in whom the child could confide and trust.
“Like a mother, he had a major responsibility of shaping the future of the child. Worse than betraying her trust, he ravished her, leaving a permanent scar for life,” the court said.
The defence had argued the performance of the victim in the school exam was excellent and that she never failed in any of the subjects till date.
The defence said her father would assist her in school projects and competitions like art, craft and others.
However, the court, in its order, held that answer sheets of the victim when she was in third and fifth standard are not relevant.
“Trauma need not always be equated with performance in studies. Just because she scored well in her examination would not necessarily imply she was not being sexually assaulted at the hands of the accused,” the court said.