Sexual Assault Of Minor| In An Era When Our President Is Woman, We Need To Hang Our Heads In Shame For Such Crimes Being Perpetrated On Daily Basis: Madras HC
The Madras High Court dismissed the Appeal of a painter convicted for sexually abusing 4 and a half years old girl child. The Court emphasised that sexual assault on a minor is one of the most heinous crimes and needs stringent punishment.
The Court further emphasised that such incidents of sexual abuse raise doubt about the future of young girls. For our society to grow into a safe and secure society; deep malaises like drugs, sexual abuse and alcohol must be eradicated to allow development in our society, the Court asserted.
“This court opines that sexual assault on minor children is one of the most heinous crimes which need very stringent punishment to curb the menace...The victim child was just 4½ years old. In a developing country riddled with taboos and biases, we have seen women emerging out of the shell of ignorance and illiteracy. But, such incidents only make us feel that the future of young girls is unsafe. 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...Sexual abuse, drugs and alcohol are the three deep malaises that ruin a society and never allow development of the country. 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”, Justice R. Hemalatha emphasised.
Advocate T. Shanmugaboopathi appeared for the Appellant and Additional Public Prosecutor S. Sugendran appeared for the Respondent.
The victim girl was assaulted by an Appellant/Accused (a painter) working near her grandmother's house. The Accused sexually assaulted the victim by putting one finger in her genital and pinching it hard, causing pain and bleeding. The Victim’s mother filed a complaint to the Saidapet All Women Police Station. The child was examined by a paediatrician and a forensic report was also prepared. The Victim girl made her statement under Section 164 Cr.P.C. before the XVII Metropolitan Magistrate Court. The Accused was apprehended and Trial Court convicted him under Sections 6 and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. A Criminal Appeal was filed before the High Court challenging the judgment and order of the Special Court.
The Court noted that the chance of a 4-and-a-half-year-old child lying in her statements is weak. The fact that the Accused was the only one present in the room on the first floor where the children were playing was also considered. The Victim was pinched roughly on her genitals resulting in some bleeding, the Court noted. The Court emphasized that there was sufficient evidence to prove that the Accused was guilty.
The Court emphasized that even though every accused has the right to defense, the Counsel must be sensitive when asking questions from a child victim.
“It is true that every accused is entitled to be defended and defence counsel has to fight for the case. But posing questions like 'which hand was used by the accused to pinch you in the genitals' to the victim child who is just 4½ years old is appalling to say the least. In the opinion of this court, not examining the child Tarika who was playing with the victim child and also the maternal uncle of the victim child about whom the child has not mentioned are not fatal to the case in the light of the clarity in the statements made by the victim child”, the Court stated.
Accordingly, the Court dismissed the Appeal and confirmed the impugned judgment.
Cause Title: Ramki v State
