Accused's Appeal Dismissed; Court Affirms Sexual Intent and Outraging Modesty
In a significant ruling, the Delhi High Court has upheld the conviction of Ram Pravesh Thakur under various provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and the Indian Penal Code (IPC). The accused had been sentenced for offences involving sexual assault and outraging the modesty of a minor. The High Court dismissed the appeal filed by Thakur, affirming the trial court’s judgment.
The case revolves around an incident dated April 3, 2022, wherein the accused, related to the victim as her uncle, allegedly attempted to undress the minor and exhibited himself. The prosecution successfully argued that these acts demonstrated clear sexual intent, fulfilling the necessary conditions for charges under Sections 10 and 12 of the POCSO Act and Sections 354 and 354B of the IPC.
The defense had contended that the allegations were motivated by a loan dispute, asserting that the victim’s family falsely implicated Thakur when he demanded repayment. However, the court found this defense improbable, given the accused's continued stay with the victim's family despite the alleged financial dispute.
The High Court emphasized the credibility of the minor victim's testimony, which was corroborated by statements from her family members and the absence of material inconsistencies. The court also noted that the accused’s actions, such as unzipping his pants and attempting to undress the victim, clearly demonstrated sexual intent.
Justice Chandrasekharan Sudha, presiding over the case, observed that the accused's appeal lacked merit, and there was no infirmity in the trial court's judgment warranting interference. The court upheld the sentences imposed: five years of simple imprisonment and a fine for the offence under Section 10 of the POCSO Act and two years for the offence under Section 12.
The ruling reinforces the judicial system's commitment to protecting minors from sexual offences and ensuring that perpetrators are held accountable for their actions.
Bottom Line:
Conviction upheld under Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) and Sections 354 and 354B of the Indian Penal Code, 1860 (IPC). Court held that the accused's acts of unzipping his pants, exhibiting himself, and attempting to undress the victim constituted sexual intent and outraged her modesty, satisfying the ingredients of the charged offences.
Statutory provision(s): Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012, Sections 354 and 354B of the Indian Penal Code, 1860, Sections 313 and 232 of the Criminal Procedure Code, 1973.
Ram Pravesh Thakur v. State of N.C.T. of Delhi, (Delhi) : Law Finder Doc id # 2975027
