Srinagar: The fast-track court for Protection of Children from Sexual Offences (POCSO) cases has sentenced a young shopkeeper from Batwara, city outskirt, for 20 years imprisonment for raping a nine-year-old girl some five years ago.
Aarti Mohan, the presiding officer of the court, sentenced Fazil Saleem Bhat, son of M Saleem Bhat, after holding him guilty of offence punishable under section 3 read with section 4 (punishment for penetrative sexual assault) of POCSO Act by virtue of judgment dated 23-01-2025.
The judge held that the crime against the children by way of sexual harassment not only affects the child’s physical and psychological health but also has a devastating effect on the society as well the family of the victim.
“Minimum sentence would suffice in the case since the victim in the case was below the age of 16 years, as such the minimum punishment which can be awarded to the convict is 20 years of imprisonment,” ordered the court.
Accordingly it awarded simple imprisonment of 20 years along with a fine of Rs 10,000 under section 4 of POCSO Act to the convict.
On March 9, 2020 the father of the girl child, presented a written complaint before Police Station Ram Munshi Bagh wherein he stated that his daughter had gone to buy biscuits from the shop of the accused.
The accused took her to 2nd floor and committed rape upon her. On this information FIR no. 20/2020 was registered in Police Station Ram Munshi Bagh under section 5/6 of POCSO Act.
After completion of investigation, the charge under section 5 was found to be not established and a charge-sheet was filed against the accused under section 7/8 of POCSO Act.
The accused was charged for commission of offences under section 7/8 of POCSO Act on 19-02-21. He denied the charges and demanded a trial and as such, prosecution was directed to produce evidence in support of its case.
It is pertinent to mention here that the victim was not cited as a prosecution witness and an application under section 311 CrPC was moved in this regard which was allowed vide order dated 23- 09-2021.
The prosecution also moved an application under section 216 of CrPC for amendment of charge and vide order dated 05-04-2022 the charge framed against the accused was modified and charges under section 3 and 4 of POCSO Act were added against the accused. The prosecution examined eight witnesses in support of its case.
Interestingly the prosecution story narrates the statement of Dr Iram Shafi Akhoon (Registrar Government L.D Hospital Srinagar), who conducted the medical examination of the child which reads “breast examination (of the child) was normal. On vaginal examination there was no bleeding or discharge or foreign material or debris present. Hymen was not intact but there was no bleeding. She took a swab from oral cavity and labia majora. Pubic hair and samples from anus and nail clippings as well as the clothes of the victim were also taken for FSL examination. As per the FSL report no spermatozoa, debris or foreign body was detected”.
According to the prosecution, the clothes which she was wearing were seized in the hospital and she was made to wear other clothes.
The police also got the statement of the victim child recorded in the court wherein she stated of being raped by the accused in the upper story of his shop.
The counsel for the accused laid much stress on the statement of the Medical Officer who during her examination has stated that there was no sexual activity.
“However, her opinion is based merely on the fact that no spermatozoa was detected in the samples as per the report of the FSL. Although in her cross examination she has stated that rupture of hymen in itself is not indicative of any sexual activity however the opinion expressed by the medical officer is not in consonance with the statement of the victim and the other prosecution witnesses as well as the FSL opinion which had detected human blood stains on two of the exhibits MK-27/2020 and MK-28/2020 i.e. the clothes of the victim,” observed the judge Aarti Mohan.
The judge recorded that the presence of the blood stains on the victim’s clothes corroborates her statement that when the accused came over her and sexually assaulted her she started bleeding from her private part and the blood stained her legs.
“In fact, I have other reasons for not agreeing with the medical opinion. The perusal of the medical report EXTP-3 would reveal that the same has been conducted by the concerned medical officer in a most casual manner. Neither she has taken the history of the alleged occurrence or the nature of assault from the victim nor the medical officer has bothered to take information with respect to activities like bathing, urinating, washing of genitals, rinsing mouth, drinking, eating, etc,” the judge noted.
Furthermore, the accused has not been able to give any explanation as to why the victim would falsely depose against him, said the judge and held the accused guilty of the heinous crime.
