Port Blair, Oct 01: The Court of Special Judge POCSO at Port Blair, Shri Raja Chatterjee on 29/09/2021 convicted one person namely Mohd. Javed resident of Bambooflat village who has been sentenced to suffer rigorous imprisonment for 20 years and to pay fine of Rs. 5000/- in default to suffer rigorous imprisonment for 05 months for the offence punishable u/s 6 of the POCSO Act, and also to suffer rigorous imprisonment for 01 year and to pay Rs. 1000/- only in default to suffer rigorous imprisonment for 01 month for the offence punishable u/s 323 of the IPC and to suffer rigorous imprisonment for 07 years and to pay fine of Rs. 2,000/- only in default , to suffer rigorous imprisonment of 03 months for the offence punishable u/s 506 of the IPC. If the fine is paid by the convict the fine amount shall be paid to the victim girl/survivor to meet her medical expenses and rehabilitation of such victim as per provision of section 6(2) of the POCSO Act.
The case originated on the basis of statement dated 08/02/2021 by the aunt of victim (Maasi) who lodged a complaint against the accused Mohd. Javed who caused aggravated penetrative sexual assault upon a minor girl who was aged about 09 years repeatedly in his house. The victim used to address her aunt and the accused namely Mohd. Javed as Mummy and Papa. The victim stated that she used to reside at Child Care Institution and during lockdown her aunt brought the victim girl to reside with her in her house. On one fine day when her aunt (Maasi) returned from work she noticed that the victim girl was traumatized and her son (Maasi son) informed that accused Mohd. Javed committed some mischief and assaulted the victim girl. On being asked the victim girl disclosed her aunt that since past few months accused was repeatedly committed mischief, as a result she sustained bleeding injury and severe swelling on her private parts. The accused threatened the victim girl not to disclose the incident to anyone. He had also caused physical assault upon her person as there was injuries present in her various parts of body which was duly proved by the Doctor who examined her. The investigation took up by the Investigating Officer namely Smti. Shilpa Dutta. The Prosecution examined all witnesses and was able to successfully proved the case beyond reasonable doubt. It is pertinent to mention that the case was registered on 08/02/2021 and the judgement was delivered within a span of 07 months.
The Hon’ble Special Court observed in the order that since the victim girl resides in child care institution as her biological mother is no more in the world and her biological father is in judicial custody in connection with some other criminal proceedings, the series of incidents involved in the case has caused physical trauma and thus her rehabilitation is of prime importance, so taking into account all these factors the victim girl has been awarded compensation amounting to Rs. 4,00,000/-(Rupees Four Lakhs only) which is to be paid by A&N Administration within a period of 30 days. The case was contested by Special Public Prosecutor, Miss. A. S. Zinu.
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