Man gets 5 yrs for stalking, grabbing Class 10 student
The court found that the accused stalked the victim for over a month, caught hold of her hand, and uttered "I love you," an act resisted by the victim.
"The act of the accused holding the hand and pulling her towards him is itself applying criminal force to the victim. Despite the disinterest shown by the victim, the accused continued the act, attempted to talk with her and stalked her. The act of the accused certainly outraged the modesty of the victim," the court said.
It, however, acquitted him of charges under Pocso Act as the prosecution failed to prove that the victim was under 18 at the time of the incident, thus making the act's provisions inapplicable. The investigating officer said the baptism certificate presented to prove her age was not issued by a local authority and was not sufficient proof.
You Can Also Check:
Mumbai AQI
|
Weather in Mumbai
|
Bank Holidays in Mumbai
|
Public Holidays in Mumbai
According to the prosecution, while the victim was attending tuition classes on June 5, 2019, a friend of the accused conveyed his desire to meet her.
The same night, while she walked back home, the accused intercepted her, grabbed her hand, pulled her close, professed his love, and attempted to kiss her. The victim resisted, pushed him away and confided in her aunt, with whom she was residing in the city. After an FIR was lodged, the man was arrested on June 8.
During the trial, the prosecution examined five witnesses. The victim's deposition was corroborated by her maternal uncle and aunt, who described her distressed state and immediate disclosure of the incident.
A key aspect of the judgment revolved around the victim's age. While a birth date of June 12, 2002, was stated, a baptism certificate indicated June 12, 2004. However, the court found that the prosecution failed to provide legally admissible proof that she was under 18 at that time. The baptism certificate was not issued by a local authority, and the victim herself, during cross-examination, admitted it was incorrect.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
12 minutes ago
- Indian Express
Minor girl raped while going to buy groceries in Tripura village; accused absconding: police
A minor girl was raped while going to a grocery shop in a village in Tripura's Khowai district on Monday evening, the police said on Tuesday, adding that they were on the lookout for two people who allegedly sexually assaulted her. As per the police complaint filed by the girl's mother, the two people came on a vehicle and took her to a nearby place and raped her. Locals of the area came to the girl's rescue after hearing her cry and later informed her parents. 'We registered a case on rape and Pocso Act charges based on the complaint filed by the rape survivor's mother. We are trying to trace them as both are still absconding,' said an officer of the local police station. The police said that as per the complaint, one of the two accused people is a resident of the same village as the girl. In other incidents, the police recently arrested a man for allegedly raping a minor girl in West Tripura district. More than a week ago, two men were arrested and four minors apprehended for their alleged involvement in the gangrape of a minor girl in South Tripura district. In May this year, a man was arrested on charges of abducting and raping a minor girl, three days after the incident. As many as 144 rapes and 31 murders of women were reported in Tripura in 2023-2024, according to a home department report placed in the Assembly earlier this year. The police arrested 39 people in connection with 30 of these murders, the report added.
Time of India
an hour ago
- Time of India
Man who abducted & rapedClass 9 student gets 20 yrs RI
Agra: A court in Mathura has sentenced a 21-year-old man to 20 years of rigorous imprisonment (RI) for abducting and raping a 14-year-old Class 9 student when she was on her way to school in July last year. The survivor's statement played a key role in nailing the convict, who is also her uncle. Special public prosecutor Alka Upmanu said the crime took place on July 5, 2024, when the girl was abducted and violated at a hotel in Rajasthan's Alwar district. An FIR was subsequently registered against the accused under BNS sections 137 (2) (kidnapping) and 65 (1) (rape) and the Pocso Act following a complaint by the girl's father. The girl was rescued by Rajasthan Police. In her statement, the survivor said, "I left home in the morning for school in Mathura. My uncle, who lives in the neighbourhood, insisted that I go with him on his bike. He then took me at knife-point to a place in Alwar, Rajasthan, where I was sexually assaulted on July 5..." A report submitted by a medical officer in court confirmed that she was sexually assaulted. Following a probe, the investigation officer, inspector Arvind Kumar Nirval, filed a chargesheet in Oct 2024, along with the testimony of five people and the medical report. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like TV providers are furious: this gadget gives you access to all channels Techno Mag Learn More Undo During the trial, the accused, in his defence, said that "he and the minor were involved in a romantic relationship", an argument which the court rejected. The accused also sought minimum punishment, saying "he was only 21 and had to look after his family and two younger sisters." Taking note of the girl's statement and her medical report, the Pocso court of additional sessions judge Santosh Kumar Tripathi held the man guilty and sentenced him to 20 years of RI along with a fine of Rs 30,000 on him on Monday.
Indian Express
13 hours ago
- Indian Express
98% Pocso cases pending in over 5 years disposed of by Delhi courts: High Court data
Lower courts in the national capital have disposed of 508 of the 519 cases under the Protection of Children from Sexual Offences (Pocso) Act, which had been pending for over five years, according to data recently published by the Delhi High Court. Published on July 25, the report 'District Wise Pendency And Disposal Of 5 Year And Above Cases Under Pocso Act' is available on the website of the Delhi High Court. The Delhi High Court data shows that 201 of the pending cases, or 39 per cent, ended in convictions, in 294 cases, or 57 per cent, the accused were acquitted, and three cases were quashed. While the East, North, Northwest, Shahdara, South, and West districts have disposed of all cases that had been pending for over five years, the Central, New Delhi, Northeast, Southeast, and Southwest districts are yet to dispose of three, two, four, and one case each. A 2023 research paper by the India Child Protection Fund (ICPF) estimated that under the current pendency rates, Delhi courts would take 27 years to clear the backlog in Pocso cases. The study, titled 'Justice Awaits: An Analysis of the Efficacy of Justice Delivery Mechanisms in Cases of Child Sexual Abuse in India', pointed out that Pocso courts are disposing of just 28 cases per year on average. In light of this older data, the recent notice suggests that Delhi's courts disposed of on average 102 cases per year – 3.6 times the average of other courts in the country. On average, 650 cases are registered under exclusive Pocso courts in the capital. Fast Track Special Courts (FTSCs) were set up in 2019, specifically for trying cases related to sexual offences, particularly those under the Pocso Act. The primary motive behind establishing these courts was to handle these cases exclusively, aiming to expedite their trials within one year. Currently, there are more than 1,000 such courts in the country. A November 2022 study, A Decade of Pocso' by Vidhi Centre for Legal Policy, pointed out that the average time of disposal was 1,373 days or close to four years, in Pocso cases where a conviction took place in Delhi's courts.
