Security guard of a children's home has been sent to 10 years in jail for repeatedly sodomizing a seven-year-old HIV positive orphan by a Delhi court.
The court accepted the minor's testimony and medical evidence that proved the guilt of assaulter Amardeep Kujur, a Jharkhand native, saying the child's deposition was credible and trustworthy as he had identified the guard as the one who sodomized him.
"In my considered opinion, the nature of offence committed by the convict does not demand that he be released on probation. He has molested a child without parents and had shown no mercy on him.
"Interest of justice would be met if the convict is sentenced to rigorous imprisonment for a period of 10 years," Additional Sessions Judge Gautam Manan said while punishing him for the offence of aggravated penetrative sexual assault under the Protection Of Children from Sexual Offences Act.
The court rejected the defence taken by Amardeep Kujur that the victim was HIV positive and if the accused had sexually assaulted him, he would also had contacted HIV but his test report was negative.
"It is not necessary that if sex is done with a HIV positive person then the person doing so would essentially be transmitted HIV. Therefore, the arguments advanced by the defence in this regard has no merits at all and accused cannot be exonerated due to lack of forensic evidence," it said.
The court awarded a compensation of Rs two lakh to the victim and directed the legal service authority to ensure that the amount be disbursed to the child in such a manner that it is used for his healthcare, welfare and rehabilitation.
The prosecution said the Child Welfare Committee had sent a letter to Shahbad Dairy Police Station in February 2013 stating that a report submitted by NGO Child Survival India had alleged that a 7-year-old boy was sexually abused and harassed by three minors of a Children Home in Alipur here.
During investigation, it was found that the child was sexually assaulted by the Children Home's guard Amardeep who had also threatened the victim not to disclose it to anyone.
While the child's father was in jail, his mother died of
HIV two years ago and, as there was not nobody to look after him, he was sent to the Children Home for boys.
When the minor was medically
Examined, he was found to be
HIV positive and handed over to Child Survival India which looked after the children affected by the virus.
During the trial, Amardeep claimed he had not sexually assaulted the victim.
Seeking leniency in sentence, the convict said he should be released on probation as he has already spend 28 months in jail during trial and his conduct was never questioned by the jail authorities.
"Concept of welfare and well being of children is basic for any civilised society and this has a direct bearing on the state of health and well-being of the entire community, its growth and development.
"It has been time and again emphasised in legislation, international declarations as well as the judicial pronouncements that children are a 'supremely important national asset' and the future well-being of the nation depends on how its children grow and develop," it said.
