Man gets 10-year jail term for sexually assaulting girl

A 30-year-old man has been sent to 10 years in jail for sexually assaulting a minor girl by a Delhi court which observed that the offence committed by him was "highly derogatory".
The court, however, awarded the minimum punishment to the convict, while considering his age and family background.
"The offence, for which the convict has been convicted, is highly derogatory. However, I cannot lose sight of the fact that he is a young boy having responsibility of his family comprising wife, three minor children and aged mother.
"...The interest of justice, would be met, if the convict is accorded minimum sentence prescribed under Section 6 of POCSO Act, for which, the convict stands convicted as he has been able to make out good mitigating circumstances in his favour," Additional Sessions Judge Vinod Yadav said.

The court, which also imposed a fine of Rs 25,000 on the convict, relied on the testimony of the seven-year-old victim.
"This court cannot lose sight of the fact that the child victim is aged about 7 years and is presumed to be not fully aware of her body anatomy.

"The law is now fairly settled that the conviction can be based on the sole testimony of a child victim provided it is trustworthy. I find no reason as to why a child of such tender age as the child victim would implicate an innocent person for an offence which was undisputedly committed upon her," the judge said.

The court held Rais, a balloon seller in a village near Rohini here, guilty of the offence of penetrative sexual assault under section 6 of Protection of Children from Sexual Offences (POCSO) Act and directed the Delhi Legal Service Authority (DLSA), North-West district, to provide Rs 50,000 as compensation to the victim for her rehabilitation.
It also said the accused could not justify why "such a vulnerable child would nurture enmity or grudge or ill will against him," adding the girl's testimony was corroborated by medical and forensic evidence and statements of two eyewitnesses, one of whom had lodged the complaint.

According to prosecution, on the morning of November 17, 2013, the girl had gone to buy a balloon from the accused after which he took her to the bushes and sexually assaulted her.
Two passersby caught him on hearing the cries of the girl and handed him over to the police, it said, after which an FIR was lodged.
During the trial, the accused had denied the allegations and claimed he was falsely implicated.