Mother’s Failure to Act Against Assault Constitutes Abetment Under PoCSO Act
In a significant judgment, the Delhi High Court has upheld the conviction of Akeel Azhar @ Rinku and an accomplice in a disturbing case of aggravated penetrative sexual assault against minors. The court reaffirmed the decision of the trial court, which sentenced the primary accused, Rinku, to 12 years of rigorous imprisonment under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (PoCSO), 2012. The mother of the victims was also convicted for abetment due to her failure to protect her children from repeated sexual assaults.
The case revolves around Rinku, who was accused of sexually assaulting three minor girls aged between 2 and 8 years over a period of three years. The court noted the corroboration of the victims' testimonies with medical evidence and found the sole testimony of the prosecutrix sufficient if deemed trustworthy. Despite minor inconsistencies, the core allegations remained unaffected.
The court emphasized that the mother's omission to protect her daughters amounted to intentional aid under Section 16 of the PoCSO Act. Her continuous dismissal of the children's complaints was seen as abetment through illegal omission, distinguishing it from passive knowledge or mere failure to report.
The High Court, presided over by Justice Chandrasekharan Sudha, dismissed the appeals filed by the accused, affirming the sentences imposed by the trial court. The decision underscores the judiciary's commitment to upholding justice in cases of sexual offences against minors, emphasizing the importance of protecting vulnerable children and holding accountable those who fail in their legal and moral duties.
Bottom line:-
Conviction for aggravated penetrative sexual assault against minors upheld. Mother's omission to protect her children amounted to intentional aid under Section 16 of the PoCSO Act.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Sections 6, 17; Indian Penal Code, 1860 Sections 376(2), 323, 506; Indian Evidence Act, 1872 Section 45.
Akeel Azhar @ Rinku v. State (Nct of Delhi), (Delhi) : Law Finder Doc id # 2948951
