The Chhattisgarh High Court has firmly stated that there will be no leniency for offenders in cases registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. In a recent ruling, the court upheld a 20-year jail term for three men convicted of the gang rape of a 13-year-old girl, emphasizing the need for stringent punishment in such cases.
The incident occurred in April 2019 in Makdi village, where the victim had attended a wedding. Due to the crowded venue, she and a friend went to a nearby field. There, they were accosted by four boys, three of whom forcibly raped the victim while the fourth held her down. The victim identified her assailants using the light from their mobile phones.
Following the incident, a police report was filed, leading to the registration of a case under the Indian Penal Code and the POCSO Act. The investigation involved the seizure of clothing, medical examinations of both the victim and the accused, and the collection of documentary evidence to verify the victim's age.
The Additional Sessions Judge (FTC), Kondagaon, found the three men guilty on August 25, 2021, and sentenced them to 20 years of rigorous imprisonment along with a fine of Rs. 5,000 each, under Section 6 of the POCSO Act. Panku Kashyap, Manoj @ Kanwal Baghel, and Pinku Kashyap subsequently appealed to the High Court, arguing false implication and unreliable evidence.
A division bench of the High Court, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, dismissed the appeals. The court emphasized that any act of sexual assault or harassment against children must be dealt with strictly, and no leniency should be shown to such offenders. The bench underscored the reliability of the victim's testimony and the corroborating evidence presented during the trial. The court also noted that the victim's age was confirmed through official school records and witness statements, and medical examinations confirmed signs of recent sexual activity.
The High Court found no illegality in the trial court's findings and upheld both the conviction and the sentence. The judgment reinforces the court's commitment to protecting children and ensuring that those who commit heinous crimes against them are brought to justice. The court directed the registry to inform the appellants of their right to appeal to the Supreme Court. The accused are currently serving their sentences in jail.
This ruling sends a strong message that the Chhattisgarh High Court will not tolerate sexual offenses against children and will ensure that offenders are punished severely. It also highlights the importance of stringent enforcement of the POCSO Act to protect vulnerable children and deter potential offenders.