Man Sentenced To 5 Yrs In Prison For Sexually Assaulting Daughter, Court Says Crime More Grevious As “Dad Is A Trustee”
The idea that there are people in this country who genuinely roam around believing that they have the right and entitlement to abuse a woman and her body as they please disgusts me. What disgusts me, even more, is that there are people who view minors predatorily and sexually. And what absolutely makes my blood boil is when a family member is involved in the sexual abuse of a minor. I just read this news of a 40-year-old father who touched his 5-year-old daughter’s private parts over his clothes and is now being convicted for the same in 5 years in prison under POCSO.
The father put up the defence that skin to skin contact is necessary for sexual assault in POCSO. However, the court has dismissed this defence. The court also refuted the argument that the child never used the word ‘finger’. The court described these arguments as astonishing and said that the relevant section of the POCSO act does not specify how the child’s private parts are touched but more so about the sexual intent behind the act. The court specified that after the heinous act, the victim was acting differently asserting that the accuser did the act with a sexual intent that traumatised the kid.
Also Read: Development Of Minor Girl’s Breasts Immaterial, Sexual Intent Matters Says Calcutta HC While Upholding Conviction Under POCSO Act
In 2019, the child’s alert and concerned class teacher informed the mother that she had an unusual habit of rubbing herself against the corners of benches. That is when this whole act was uncovered. According to TOI, the court said, “A father is a fortress, trustee of his daughter. This crime, therefore, becomes more grievous. In the present case, I do not find extenuating or mitigating circumstances to justify imposition of lesser punishment. The plea of mercy is of showing leniency is misplaced, it would be travesty of justice.”
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The father accused the mother of false accusations as they would frequently fight over her neglect of the child. However, the child refuted these claims and also said that her mother cooked “good food”. Moreover, the court observed that the mother and the teacher had both seen differences in the child’s behaviour and so there was no scope for false allegations.
The FIR lodged in n January 22, 2019. The mother had informed the police that she found out about this since the teacher told her about her unusual behaviour. The teacher questioned the child about this in front of the mother and the child didn’t answer. However, when asked in confidence by the mother, the child pointed to her where her father inappropriately touched her and started crying, her mother confided in the caretaker. When the caretaker confirmed the heinous acts, the mother spoke to her family and went to the police.
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