'Need To Hang Heads In Shame Over Such Crimes When Our President Is A Woman': Madras HC Upholds Conviction In Girl Child Sexual Assault Case

Upholding the conviction of a man who sexually assaulted a 4.5-year-old girl, the Madras High Court recently said that "in an era when our President is a woman, we need to hang our heads in shame for such crimes being perpetrated on a daily basis".

"Every girl child is considered as a reincarnation of Goddess and unless this evil of sexual assault is eradicated with strict laws and effective implementation, our society could never grow into a safe and secure society," the bench of Justice R. Hemalatha observed.

In its order, the bench also noted that in a developing country, which is riddled with taboos and biases, when women are emerging out of the shell of ignorance and illiteracy, such incidents only make us feel that "the future of young girls is unsafe".

The Court also added that sexual abuse, drugs and alcohol are the three "deep malaises that ruin society and never allow the development of the country".

These observations were made by the Court while dealing with a criminal appeal filed by the accused-Ramki, a painter by profession who was found guilty of sexually assaulting a 4½ year old child by kissing her on the lips and putting one finger in her genitalia and pinching it hard causing pain and bleeding.

He was convicted under Section 6 @ 10 of the POCSO Act, 2012 and was sentenced to 7 years in jail.

Before the Court, it was argued by his counsel that vital witnesses were not examined by the prosecution and this itself caused serious doubt as to the occurrence of the crime. It was also contended that the gynaecologist neither found injuries on the private parts of the child nor found any evidence of penetrative sexual assault on the child.

Further, it was also contended that the depositions of P.W.1, the victim child were different in 164 Cr.P.C. Statement and that made before the doctor who examined her first and hence, such contradictions along with the statements of the other prime witnesses like P.W.2 to P.W.6 were all not convincing and that he was liable to be acquitted.

On the other hand, it was argued by the Public Prosecutor appearing for the state that it was an open and shut case and the child who was just 4½ years old had spoken the truth and this could be asserted as the child had withstood the testimony of cross examination very well.

High Court's observations

At the outset, the Court stressed that sexual assault on minor children is one of the most heinous crimes that need very stringent punishment to curb the menace. The Court further noted that the deposition recorded by the victim was very convincing and there was no room to believe that the 4½ year old child lied.

"A painter who is a rank outsider has been accused of the act of sexual assault. He was the only one present there in the room in the first floor where the children were playing. The child has been touched inappropriately by him. She was not only touched but also pinched roughly on her genitals resulting in some bleeding. In such a scenario it is not acceptable that he was innocent," the Court said as it analysed the evidence adduced by the prosecution.

Significantly, the Court was also appalled to note that the defence counsel had asked the child as to 'which hand was used by the accused to pinch her in the genitals'. 

Further, believing the version of the victim girl, the Court dismissed the appeal by noting that the accused had already been sentenced with the minimum punishment only.

Case title - Ramki vs. State [Crl.A.No.72 of 2022]

Case Citation: 2023 LiveLaw (Mad) 236

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