The Delhi High Court recently observed that the courts are under a solemn duty to reaffirm society’s commitment that sexual crimes against children will be met with stern consequences [Chand Miya v State (NCT of Delhi]. .Justice Sanjeev Narula made the observation while rejecting an appeal filed by a man convicted of rape of his eight-year-old neighbour. “Offences of this nature strike at the very core of a child’s dignity and security. The Protection of Children from Sexual Offences Act, 2012 [POCSO Act] was enacted to ensure that children are safeguarded against sexual abuse in all its forms, and to mandate a sensitive but firm judicial response. Courts are under a solemn duty not only to do justice in the individual case, but also to reaffirm society’s commitment that such crimes will be met with stern consequences,” the Court said. .The appellant, one Chand Miya, was convicted and sentenced to 10 years in jail by the trial court for the aggravated sexual assault of an eight-year-old girl in 2018. It was alleged that the victim was accosted by Miya while on an errand to buy daal. He forcibly confined her in a godown, gagged her, undressed her and committed anal penetration. The child later managed to escape and recounted the ordeal to her mother, who contacted the police. The trial court convicted Miya under Section 6 of the POCSO Act and Section 376 (2) of the Indian Penal Code (IPC)..The High Court found no fault with the order. “In light of the foregoing discussion, this Court finds no infirmity in the conviction of the Appellant under, inter alia, Section 6 of the POCSO Act and Section 376(2) IPC, nor in the sentence imposed. The appeal is accordingly dismissed. The conviction and sentence recorded by the Trial Court are affirmed,” the Bench said. .Advocates Cauveri Birbal, Kamlendu Pandey and Nistha Dhall appeared for the appellant Chand Miya. Additional Public Prosecutor (APP) Amit Ahlawat represented the State. Advocate Deepak Goel appeared for the complainant. .[Read Order]
