Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court

The Calcutta High Court has upheld the conviction of a man under Sections 376(2)(f) and 511 IPC, for the offence of attempt to rape and Section 354 of the IPC for outraging the modesty of the 10-year-old victim girl. 

It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while she was returning alone from the toilet.

A single bench of Justice Shampa (Dutt) Paul also found that there was enough evidence to convict the man under Section 7 of the POCSO Act, but the same could not be applied retrospectively since the incident happened in 2010, and the Act came into force in 2012.

In the present case, the evidence on record has proved the case beyond all reasonable doubt against the appellant that the victim a minor was hugged from behind and the accused touched her breasts, when she was returning from the toilet at 6 a.m. alone, the Court noted.

In upholding the conviction, it emphasised that: 'Child abuse is a grave violation of children's rights and wellbeing, encompassing physical, emotional, sexual, or neglectful harm inflicted by adults or peers. It scars victims mentally, emotionally, and physically, often leading to long-term consequences. Early recognition, prevention, and intervention are crucial in safeguarding children and promoting their safety, health, and development.' 

The Court was hearing an appeal by the accused who had been convicted and sentenced under the aforesaid provisions of the IPC, by the trial court.

The prosecution stated that on the basis of the allegations made by the minor girl, her mother lodged an FIR, and an investigation was started, ending in a charge sheet and subsequent conviction of the accused.

Court noted that the incident in question occurred in the early hours of the morning when the victim had gone to the toilet, and the accused hugged her from behind and touched her breasts while she was returning.

It was noted that the ultimate test to ascertain whether the modesty of a woman had been outraged was that the action of the offender should shock the decency of a woman.

Accordingly, the Court noted that in the present case, the evidence on record had proved the case against the appellant beyond all reasonable doubt.

Thus, it dismissed the appeal and upheld the validity of the conviction.

Considering the nature of conduct of the appellant towards a child of only 10 years, the appellant does not deserve any leniency. Accordingly, the trial court's judgment of conviction and sentence being in accordance with law requires no interference and is thus affirmed, it concluded. 

Citation: 2024 LiveLaw (Cal) 85

Case: Subhas Mondal Vs The State of West Bengal & Anr.

Case No: CRA 323 of 2016

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