A court here today sentenced a 53-year-old man to rigorous life imprisonment for sexually assaulting his daughter's four-year-old friend and said he was a "paedophile" who violated a child.
The offence was committed on a "vulnerable" child, who was an "easy prey", and adequate sentence was required to be imposed on him to keep public faith in the justice delivery system, the court said.
Additional Sessions Judge Nivedita Anil Sharma handed down the jail term to west Delhi resident Akhilesh Arya for the offence of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, while observing there should be "zero tolerance" to such offences.
"I am of the considered opinion that the convict should be awarded a substantive, stern and firm sentence because it has been proved by the prosecution that he is a paedophile, who has violated a minor child," the judge said.
"Keeping into consideration the fact that the act of aggravated penetrative sexual assault is an act of a perverted man, the minimum sentence provided of ten years or a lesser imprisonment should not be awarded to the convict.
"This is a case where there should be zero tolerance and no one should be permitted to commit such an offence nor any lenient view should be taken against a convict who has committed an offence of such grave and henious nature," Sharma said.
The court, while refusing to take a lenient view, also said that doing so would harm the system and shake the confidence of public.
"Keeping in view the offence committed by the convict, I am not inclined to take a lenient view against him and release him on probation or order minimum sentence of punishment to him.
"He has committed the offence of aggravated penetrative sexual assault upon a minor female child aged about four years, who was helpless, defenceless, vulnerable and an easy prey," the judge said.
Besides the rigorous life term, the court has also imposed a fine of Rs 20,000 on him to be paid to the victim and awarded the girl a compensation of Rs 2 lakh, out of which Rs 50,000 would be paid by the convict and the remaining would be paid to her by the Delhi Legal Service Authority (West).
According to the prosecution, on May 12, 2013, Arya sexually assaulted the four-year-old girl, who was his daughter's friend, by taking her to his house.
The court, while awarding him the sentence, said the object of sentence should be to protect the society and to deter the criminal by imposing an appropriate sentence.
"The courts are expected to operate the sentencing system so as to impose such sentence which reflects the conscience of the society and sentencing process has to be stern where it should be.
"To show mercy in the case of such a heinous crime would be a travesty of justice and the plea for leniency is wholly misplaced," the court said.
"The welfare and interest of other women in the society also needs to be protected for the reason that if the convict is released, they may be subjected by him in a similar offence with them," it said.
During the trial, the man had denied the allegations and claimed he was innocent.
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