The Madras High Court observed that the State must enact law and impose severe punishments against those involved in sexual offences who are family members or close friends. The Madurai Bench observed thus in a Criminal Appeal preferred by the accused against the Judgment of conviction and sentence passed by the Sessions Judge for the offence punishable under Sections 5(l), 5(n), 5(j)(ii) read with 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
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CHENNAI: The Madras High Court called for the enactment of stringent laws and severe punishments for those involved in sexual offences, particularly if they are family members or close friends. This observation was made by the Madurai Bench during the hearing of a criminal appeal challenging the conviction and sentencing of an accused under Sections 5(l), 5(n), 5(j)(ii) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
A Call for Stronger Legislative Action
A Division Bench comprising Justice G.R. Swaminathan and Justice R. Poornima emphasized the necessity for proactive measures by the State to safeguard children.
The Bench stated-
“We are of the opinion that it is for the State to take serious efforts to curtail the offence by enacting the law and impose severe punishments to those involved in sexual offence [who] are family members or close friends. The State should take immediate steps to protect the children from the sexual offence by providing awareness programme in all television channels, theatre, schools. The Child Welfare Committee should visit hostels, schools etc., to see that any child affected with sexual harassment [is identified] and necessary action [is taken].”
Emphasis on Rehabilitation and Awareness
The Bench further highlighted the need for dedicated protection homes for children aged 1 to 17 years. It underscored the importance of government-funded initiatives to prevent sexual offences and rehabilitate victims. The court emphasized,
“The State should provide funds to open protection homes for the children aged between 1 to 17 years in order to protect them from sexual offences.”
Case Background
The case revolved around a complaint filed by the victim’s mother, accusing her husband—the victim’s stepfather—of sexual abuse. The victim, who had lost her biological father at the age of four months, was initially cared for by her grandparents. Later, the accused brought her into his household under the pretext of providing parental care.
The victim’s ordeal came to light when she complained of stomach pain, leading to a hospital visit that revealed a six-month pregnancy.
When questioned, the victim recounted the trauma of being raped by her stepfather while alone at home.
She described how he misbehaved with her and threatened her into silence. Subsequently, an FIR was lodged, and the trial court convicted the accused, sentencing him to life imprisonment and imposing a fine of Rs 5,000. Dissatisfied with the ruling, the accused appealed to the High Court.
High Court’s Observations
In its detailed judgment, the High Court delved into the psychological and societal impact of such crimes on child victims. The Bench described the case as
“the pathetic story of a child who had lost her father when she was four months old.”
The court noted how the accused exploited the victim’s helplessness, manipulated family dynamics, and used threats to keep her silent.
The court found it particularly distressing that the accused’s name appeared as the victim’s father in official records. The judgment observed,
“This is disturbing that in all the records pertaining to the victim girl viz., birth certificate, school records, and other records, the name of the accused is mentioned as the father.”
The victim’s mother, trusting her new husband to care for her child, had unwittingly facilitated this betrayal.
The Bench remarked,
“After taking advantage of the fact that the victim child was totally dependant upon him, he molested her, and threatened her that she should not reveal the same to anyone or he will kill everyone in the house.”
The societal stigma surrounding sexual assault, compounded by the victim’s fear and shame, further contributed to the delay in reporting the crime.
Impact of the Crime
The court poignantly observed the lasting trauma inflicted on the victim:
“The trauma undergone by the victim who had believed a person from the child[hood] as father shattered her expectations and caused physical and physiological injury which is unexplainable. The physical injury could be healed by efflux of time but the mental agony undergone by the child would subsist till her lifetime.”
Unreported Cases and Societal Challenges
Highlighting the broader implications of child sexual abuse, the Bench remarked,
“In our society till date, the girl who undergoes sexual assault is not treated equally with others but treated by society as if she committed a sin and that is the reason for many of them not revealing the same to anyone.”
The judgment further lamented that
“majority of cases of sexual offence goes unnoticed and unreported on account of the innocence of the victim, stigma attached, callousness of investigation etc. Child sexual abuse is a universal problem which include[s] the physical and psychological maltreatment of child.”
Judgment and Conclusion
The High Court upheld the trial court’s judgment, emphasizing that there was no basis to interfere with the conviction. Concluding its observations, the court noted,
“There is no material available to interfere with the judgment of the trial Court.”
The Criminal Appeal was thus dismissed, reinforcing the gravity of crimes under the POCSO Act and the judiciary’s commitment to delivering justice for vulnerable children.
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