Srinagar- The Fast Track Court for POCSO Cases here has sentenced a man to seven years’ simple imprisonment for kidnapping and aggravated sexual assault of a minor girl in a case dating back to 2020.
Presiding Officer Umi Kulsoom passed the sentencing order after convicting A B Sofi of offences under Sections 363, 506, 323 and 342 of the IPC, along with Sections 9(m)/10 of the POCSO Act.
The case arose from FIR No. 227/2020 registered at Police Station Safa Kadal. According to the prosecution, the minor girl had gone to a tailor’s shop on December 24, 2020, but did not return home. It was alleged that Sofi forcibly took her on his scooty to his house at Chattabal, where she was kept overnight. She returned home the following morning, following which the matter was reported to police.
During the trial, the prosecution examined the victim, her parents, police officials, a medical officer, the school principal and forensic experts, among others. The school record placed the victim’s date of birth as December 29, 2008, making her a minor at the time of the occurrence.
However, in its judgment, the court held that the charges of rape under Section 376 IPC and aggravated penetrative sexual assault under Sections 5/6 of the POCSO Act had not been proved beyond reasonable doubt. The court took note of inconsistencies in the evidence, the absence of spermatozoa in forensic examination and shortcomings in the investigation.
At the same time, the court found the offences of kidnapping, criminal intimidation, wrongful confinement and causing hurt proved. It also held that physical contact with the minor, including the bite on her neck, was accompanied by sexual intent.
The court invoked Section 222 Cr.P.C. to hold that the accused could be convicted of a lesser cognate offence where its ingredients were established, and consequently recorded his conviction under Sections 9(m)/10 of the POCSO Act.
While determining the sentence, the court considered the background of the case, the convict’s antecedents, age and other mitigating circumstances, as well as the reformative, deterrent and punitive aspects of punishment. It, however, held that the aggravating circumstances outweighed the mitigating circumstances and that maximum punishment would serve the ends of justice.
Accordingly, the court sentenced Sofi to seven years’ simple imprisonment for the offence under Sections 9(m)/10 POCSO Act and seven years’ simple imprisonment under Section 363 IPC, along with a fine of Rs 10,000 under Section 363 IPC, payable to the victim as compensation.
For the offence under Section 506(2) IPC, he was sentenced to seven years’ simple imprisonment with a fine of Rs 500, also payable to the victim as compensation. He was further sentenced to one year’s simple imprisonment each under Sections 323 and 342 IPC.
The court directed that all the sentences shall run concurrently. The period of custody already undergone by the convict, including the remand period, shall be deducted from the sentence.
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