High Court Upholds Sentence Against Former Lieutenant Colonel for Assault Case

The Bombay High Court has upheld a five-year court martial sentence for a former Lieutenant Colonel convicted of sexually assaulting an 11-year-old girl. Despite his appeal and claims of paternal affection, the court found the victim's testimony credible, dismissing claims of fundamental rights violations by the accused.

The Bombay High Court has confirmed a five-year sentence for a former Lieutenant Colonel involved in the sexual assault of an 11-year-old girl, dismissing his plea for quashing the conviction. The court highlighted the victim's awareness of the inappropriate behavior and her clear testimony regarding the incident.

In January 2024, the Armed Forces Tribunal upheld the sentence given by the General Court Martial in March 2021 under the Protection of Children from Sexual Offences (POCSO) Act. The court rejected the accused's defense that his actions were from 'grandfatherly/fatherly' love, recognizing the victim's perception of 'bad touch' as significant.

The High Court emphasized the absence of fundamental rights violations in the decision-making process of the GCM and AFT, validating the previous findings. The girl's consistent account of the incident played a crucial role in reaffirming the conviction, showcasing a decisive understanding of the inappropriate conduct.