The Thiruvananthapuram Fast Track Special Court sentenced a 35-year-old man to rigorous imprisonment for life for sexually assaulting his toddler daughter.
Special Judge R. Jayakrishnan pronounced the verdict against the man from Muttada who was found guilty of the crime that had taken place four years ago. The court also imposed a fine of ₹50,000 with a default sentence of one year of rigorous imprisonment.
According to the prosecution led by special public prosecutor R.S. Vijay Mohan, the incident had taken place during the last week of February 2018 when the survivor used to reside with her mother and father in a house located under the Peroorkada police station limits. The mother’s parents also used to live in the same house.
The child’s plight came to light when she experienced pain while urinating. The mother spotted redness around the girl’s genitals. The survivor used to break down whenever she was asked about it. Shortly after the family had gone to bed the next night, the mother found the child’s father attempting to sexually assault her while she was sleeping. While the woman yelled on witnessing the crime, she was threatened by her husband. He attempted to sexually abuse the child again the next night.
Some days later, the child was taken to a paediatrician in a government hospital at Nedumangad after she developed fever. While it was soon diagnosed as due to urinary infection, the survivor was referred to the gynaecologist at the hospital who confirmed sexual assault. Soon, the hospital authorities alerted the Nedumangad police that subsequently transferred the case to the Peroorkada police station.
During the trial, the accused claimed he was foisted with a false case by his wife who had an extra-marital affair. However, such allegations could not be proved in the court.
The court found the man guilty under various provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 including Section 3(b) (penetrative sexual assault), Section 5(l) (penetrative sexual assault on a child more than once), Section 5(m) (penetrative sexual assault on a child below 12 years), and Section 5(p) that deals with penetrative sexual assault on a child by a person in a position of trust or authority.
Though the court also found the accused guilty of the offence punishable under Section 375(b) read with Section 376(k) (both of which deals with rape) of the Indian Penal Code (IPC), no separate sentence was awarded in accordance with the limit of punishment prescribed by IPC and POCSO Act.
Thirteen witnesses and 17 exhibits were presented by the prosecution. K. Stuart Keeler, who was then Peroorkada Inspector, had investigated the case.
While delivering the judgment, the court lamented the plight of girl children in the country. Observing girls remained vulnerable in the country, the judge said exploitation of children in such a manner was a crime against humanity and the society. “Here, the perpetrator is a member of the family who has the duty to provide care and protection to his daughter...the accused does not deserve any leniency on the sentence,” he said.
