Rasheed's appeal dismissed; 20-year rigorous imprisonment for aggravated sexual assault on a minor confirmed.
In a significant judgment, the Kerala High Court has upheld the conviction and sentencing of Rasheed, a Madrassa teacher, under multiple sections of the Protection of Children from Sexual Offences (POCSO) Act, the Indian Penal Code (IPC), and the Juvenile Justice Act. The judgment was delivered by Justice A. Badharudeen, affirming the decision of the Special Court at Kunnamkulam.
The appellant, Rasheed, was accused of sexually assaulting a 9-year-old boy under the guise of providing academic assistance for an online examination. The incident reportedly took place on August 25, 2020, at the Noorul Hidaya Madrassa, where the appellant was employed as an Usthad (teacher).
The prosecution's case was strongly supported by the testimony of the child victim and corroborated by other evidence, including medical reports and witness statements. The defense's argument of sectarian rivalry leading to false allegations was rejected due to a lack of credible evidence.
The High Court examined the testimony of the child, which was found to be consistent and credible. The medical evidence and the testimonies of the victim's mother and other witnesses provided further corroboration. The court concluded that the Special Court rightly imposed the minimum mandatory sentences for the offenses under the POCSO Act, given the gravity of the crime.
Justice A. Badharudeen noted that the Special Court had imposed the minimum statutory sentence of 20 years of rigorous imprisonment for the aggravated penetrative sexual assault charges under Sections 5(f) and 5(m) read with Section 6(1) of the POCSO Act. Additionally, Rasheed was sentenced under Section 377 of the IPC and Section 75 of the Juvenile Justice Act, among others.
The High Court dismissed the appeal, confirming both the conviction and the sentence. The court emphasized the seriousness of the offenses and stated that any reduction in the sentence was not permissible under the statutory framework.
The judgment serves as a stern reminder of the legal system's commitment to protecting minors and delivering justice in cases of sexual offenses against children.
Bottom line:-
Conviction under Section 377 IPC, Sections 5(f), 5(m) read with Section 6(1), Sections 9(m), 9(o) read with Section 10 of the POCSO Act, and Section 75 of the Juvenile Justice Act affirmed. Minimum mandatory punishment upheld due to the gravity of the offenses committed against a minor.
Statutory provision(s): Indian Penal Code 1860 Section 377, POCSO Act 2012 Sections 5(f), 5(m), 6(1), 9(m), 9(o), 10, Juvenile Justice (Care and Protection of Children) Act 2015 Section 75, Code of Criminal Procedure Section 164, 357(1)(b), 428
Rasheed v. State of Kerala, (Kerala) : Law Finder Doc id # 2925265
