Conviction in Child Sexual Assault Case: No Leniency for the Demon: P&H HC

In a groundbreaking judgment, the court has upheld the conviction of the accused in a case involving the sexual assault of a minor child. The ruling, delivered by Honorable Justice Deepak Gupta on October 16, 2023, sends a strong message that crimes against children will not be taken lightly.

Justice Gupta's observation in the judgment underscored the seriousness of the offense, stating, "Being mama (maternal uncle) of the victim child, the accused was required to protect him like double 'ma' being a mama (maternal uncle). Instead of doing so, the accused proved to be a demon for him. No leniency is called for such a person."

The case revolved around the conviction of the accused under Section 377 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The appeal against conviction and sentence was brought before the court.

The court's decision was based on a thorough examination of the evidence presented in the case. The victim's parents played a crucial role in providing credible testimony, which was further corroborated by medical evidence. The absence of a DNA test was not considered fatal to the prosecution's case.

The defense had argued that the accused was falsely implicated due to strained financial relations between the victim's family and the accused. However, the court found this argument lacking credibility, as there was no concrete evidence to support it.

The accused was sentenced to 10 years of rigorous imprisonment for penetrative sexual assault. The court upheld this sentence, emphasizing the gravity of the crime and the close relationship between the accused and the victim.

This judgment sets a significant precedent, highlighting the court's commitment to ensuring justice for victims of child sexual assault. It serves as a reminder that such heinous crimes will be met with severe consequences, regardless of the familial ties between the perpetrator and the victim.

Date of Decision: 16 October 2023

Karamjit Singh alias Kamma   vs State of Punjab