Conviction under POCSO Act and Rights of Persons with Disabilities Act sustained; delay in complaint deemed immaterial.
In a significant judgment, the Madras High Court has upheld the conviction of Joseph Raja, a pastor, for the aggravated penetrative sexual assault of a minor girl with disabilities. The court confirmed the life imprisonment sentence awarded by the Special Court for Exclusive Trial of cases under the POCSO Act at Virudhunagar.
The incident occurred on May 3, 2022, when the victim's mother left her at a church managed by the appellant, while she went to meet an acquaintance. Upon returning, she found her daughter in a disheveled state, and the pastor fleeing the scene. The victim, who suffers from a 70% disability, later described the assault to her mother. Despite an eight-day delay in filing the complaint, the court ruled that such delays are not uncommon in cases of sexual offences due to psychological and social barriers faced by victims.
The court highlighted the statutory presumption under Section 29 of the POCSO Act, which places the onus on the accused to prove their innocence in cases of sexual offences. The appellant's failure to rebut this presumption, combined with corroborative medical evidence and consistent testimonies, led the court to uphold the conviction. The court also dismissed the appellant's claims of previous enmity and discrepancies in the prosecution's evidence, considering them minor and non-detrimental to the core of the case.
The judgment reinforces the protective framework of the POCSO Act and the Rights of Persons with Disabilities Act, emphasizing the severity of crimes against vulnerable individuals. The appellant's sentence of life imprisonment, coupled with a fine, reflects the court's commitment to ensuring justice for victims of sexual violence.
Bottom Line:
POCSO Act - Conviction for aggravated penetrative sexual assault on a minor girl with disabilities upheld - Delay in lodging complaint immaterial in cases of sexual offences - Statutory presumption under Section 29 of the POCSO Act applied.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5(f), 5(k), 6, 29; Rights of Persons with Disabilities Act, 2016 Section 92(d)
