Man Convicted for Aggravated Sexual Assault on 3-Year-Old Girl

A court has convicted a man for aggravated sexual assault of a three-year-old girl in 2022, highlighting that sexual abuse of children is often unreported due to shame, guilt, and family honour. Sentencing arguments are pending. The court rejected the defence's arguments about delays in FIR registration and verified the credibility of the child's testimony.

A court here has convicted a man for committing aggravated sexual assault of a three-year-old girl in 2022, observing that sexual abuse of children is seldom reported because of shame, guilt, and family honour.

The arguments on sentencing will be heard later.

Additional Sessions Judge Susheel Bala Dagar of the Rohini District Court was hearing a case against the accused, who was charged under penal provisions for rape and under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.

According to the victim's testimony, the accused touched her private parts on June 17, 2022.

The court stated that merely touching the private parts of the child with sexual intent would be an offence under Section 10 (punishment for aggravated sexual assault) of the POCSO Act, along with IPC offences for outraging the modesty of the victim by physical contact and advances involving unwelcome and explicit sexual overtures, and compelling her to be naked.

''The testimony of prosecution witnesses is found to be trustworthy and reliable, and the prosecution has succeeded in proving the guilt of the accused and thus the accused is found to have committed the offence,'' the court said.

In an order passed on July 9, the court rejected the defence counsel's arguments about the delay in FIR registration. ''It is common knowledge that sexual abuse of children remains shrouded in shame, guilt, family honour, and hence is seldom reported. When the abuser is a known person, it is very difficult to report the matter,'' the court noted. ''The normalisation of abuse in society has become so endemic that it is only when the abuse is perceived to be gruesome and serious, involving penetration or bad touch, that both children and families pay attention and speak up or report,'' it added.

The court said the victim's mother faced difficulties in reporting the incident immediately against a known person. ''The mother of the victim must have been under shock. The prosecution's case cannot be discarded or disbelieved merely on the grounds of delay in FIR, and delay in filing cannot be used as a ritualistic formula to doubt the authenticity of the prosecution evidence,'' it said.

Regarding the child's statements, the court emphasized that no tutoring was involved. ''The contents of the deposition of the child witness as recorded show no tutoring. There is no reason for a child aged 3 years and 11 months to falsely implicate the accused.'' Dismissing the defence's argument about the absence of medical examination, it added, ''The mother's refusal to conduct a medical examination does not negate the incident, as her testimony explains the absence of visible injury on her daughter's private part.''

''It is not necessary that in every case of aggravated sexual assault, there would be an injury on the private parts,'' the court concluded.