Conviction can be based on child's testimony if credible, says court while sentencing man for sexual assault
Additional sessions judge Rohit Gulia noted that courts should not hesitate to convict an accused in sexual assault cases solely on the victim's statement, provided it inspires confidence. "Corroboration is not a legal requirement but a matter of prudence, depending on the circumstances," the court said.
The court was hearing the arguments on sentencing against the man, who was earlier convicted under Sections 10 (aggravated sexual assault) and 12 (sexual harassment) of the POCSO Act and under the penal provision for criminal intimidation.
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During the hearing, special public prosecutor Chander Jeet Yadav said that the convict did not deserve leniency because of the heinous offences, where he sexually assaulted and harassed the girl, besides threatening her.
In an order dated July 19, made available recently, the court said, it was established that the convict showed obscene videos to the victim on his mobile phone and touched her with sexual intent, besides threatening her with dire consequences if she disclosed the incident to anyone.
It then sentenced the convict to five years of rigorous imprisonment (RI) under Section 10 of the POCSO Act. The court also awarded a sentence of one year imprisonment each under Section 12 of the POCSO Act and under IPC Section 506 (criminal intimidation). It said that the sentences would run concurrently. The court also provided compensation of Rs 2.5 lakh to the victim, observing that the child suffered physical and emotional trauma because of the offences.
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