Kerala Court Convicts Tamil Nadu Native For Sexually Assaulting Minor Daughter During COVID Period In 2020

Fast Track Special Court (POCSO) Thiruvananthapuram, Special Judge, Rekha R found the accused guilty of committing aggravated sexual on his minor daughter.

“ On evaluating the entire evidence it can be concluded that prosecution succeeded in proving through the deposition of PW1 that accused being the father of PW1 subjected her to aggravated sexual assault more than once and thereby committed the offences punishable under section 10 read with 9(l), section 10 read with 9(n) of Protection of Children from Sexual Offences Act and section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.”

The specific allegation was that the accused with sexual intent touched the private body parts of the minor daughter and subjected her to sexual assault on many days when they were residing at a rented house in Thiruvananthapuram. The mother of the victim had died 9 years ago and other siblings were living in Tamil Nadu with their maternal grandmother during the Covid time. The minor victim disclosed the sexual assault to her class teacher only in the year 2023 fearing that nobody was there to look after her.

The Court found that the minor victim was a reliable and truthful witness and was consistent in deposing about the sexual assault suffered by her from the accused. “It can be concluded from the deposition of PW1 that accused touched the vagina and breast of PW1 many times during Covid time in 2020 and on 15/02/2023 at her rented house”, stated the Court.

The Court stated that the accused who was the protector of the minor daughter committed aggravated sexual assault and exploited her helplessness and destituteness. It stated that the accused committed the offence when the minor daughter came to reside with him and there was no one else to support her. It stated that the accused deserve maximum punishment as a strong message to the society.

“Accused is sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.10,000/- (Rupees Ten thousand) and in default of payment of fine to undergo rigorous imprisonment for a further period of 3 months for the offence punishable under section 10 read with section 9(l) of Protection of Children from Sexual Offences Act and to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- (Rupees Ten thousand) and in default of payment of fine to undergo rigorous imprisonment for a further period of 3 months for the offence punishable under section 10 read with 9(n) of Protection of Children from Sexual Offences Act. Substantive sentences shall run concurrently.”

Counsel for Complainant: Special Prosecutor Vijay Mohan R S

Counsel for Accused: Advocate Anuji M S

Case Title: State v xxx

Case Number: Sessions Case No.782/2023

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