High Court affirms rigorous imprisonment for sexual abuse under PoCSO Act, reduces intimidation sentence due to accused's age
In a significant ruling, the Delhi High Court has upheld the conviction of Alauddin @ Shakeel under Section 10 of the Protection of Children from Sexual Offences (PoCSO) Act, 2012, and Section 506 Part II of the Indian Penal Code (IPC), affirming the trial court's decision while modifying the sentence for criminal intimidation. The judgment, delivered by Justice Chandrasekharan Sudha, confirmed the six-year rigorous imprisonment for sexual abuse but reduced the sentence for intimidation from three years to one year, acknowledging the accused's age at the time of the offense.
The case originated from a complaint lodged in October 2016, where the accused was charged with sexually abusing minors and threatening them with dire consequences if they revealed the incidents. The victims' testimonies, corroborated by their teachers, played a crucial role in the conviction. Despite minor inconsistencies in their statements, the court deemed these insufficient to undermine the prosecution's case.
The High Court noted that while the trial court had not complied with Section 232 of the Criminal Procedure Code (CrPC), this non-compliance did not prejudice the accused, thus not affecting the proceedings. The court rejected the defense's argument for acquittal, citing the consistent and credible testimonies of the victims and corroborative evidence from the teachers.
The judgment emphasized that the accused, who had prior criminal antecedents, posed a significant threat to the minors due to his intimidation tactics. However, considering his age of 24 at the time of the offense, the court showed leniency in modifying the intimidation sentence.
This ruling underscores the judiciary's commitment to upholding justice in cases of sexual offenses against minors, while also considering the circumstances of the accused.
Bottom Line:
Conviction under Section 10 of the PoCSO Act and Section 506 Part II IPC upheld, with modification in sentence for criminal intimidation considering the age of the accused at the time of the incident.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Section 9, 10; Indian Penal Code, 1860 - Section 506 Part II; Criminal Procedure Code, 1973 - Section 313, 232, 374(2), 482
Alauddin @ Shakeel v. State, (Delhi) : Law Finder Doc id # 2841185
