A local court has sent a 30-year- old man to five years in jail for sexually assaulting a toddler, observing that cases of child abuse are on the rise.
Additional Sessions Judge Vikas Dhull handed down the jail term to Delhi resident Moti Lal, a labourer, for sexually assaulting the three-year-old girl who was residing near the construction plot where he was working.
"The mitigating circumstance in favour of convict is that he is a first time offender. The aggravating circumstance against convict is that he had sexually assaulted the girl child aged three years. Other circumstance is that number of cases of girl child abuse are on rise in the society.
"...It is apparent that aggravating circumstances far outweigh the mitigating circumstances... The interest of justice will be met if convict is sentenced to minimum punishment of five years rigorous imprisonment and fine of Rs 10,000," the court said.
The court also directed that out of the fine amount, Rs 7,000 shall be given as compensation to the victim.
The child's mother alleged in her complaint that on November 12, 2013 when she was coming home in Dwarka here, she saw her daughter sitting on Lal's lap.
Lal, who was working as a labourer on a construction plot near her house, was sexually assaulting the child, she said, adding that she raised an alarm after which public gathered at the spot and handed him over to police.
While holding Lal guilty of the offence of aggravated sexual assault on child below 12 years under section 9(m) of Protection of Children from Sexual Offences (POCSO) Act, the court relied on the testimony of the victim's mother saying she had correctly identified the accused.
"Nothing material was brought out in the cross examination of mother of child to create a doubt regarding her testimony or to show that she is a witness who cannot be relied upon," it said.
The court could not examine the minor due to her tender age as she was unable to answer its queries and dispensed with her statement.
During the trial, Lal denied the allegations and claimed he was falsely implicated by the victim's mother as she had a problem with his drinking alcohol on one occasion.
He had also sought leniency from the court on the ground that he has a child to look after and that he was undergoing judicial custody since November 2013.
