The Delhi High Court refused to reduce the sentence and upheld the six-year prison term given to a Muslim cleric who was accused of sexually assaulting a six-year-old girl. The court observed that the accused held a position of great trust and faith that was violated by sexually assaulting a child.
The accused approached the High Court to set aside his conviction and, alternatively, to reduce his sentence to the time already served, i.e., two and a half years.
The Bench of Justice Poonam A. Bamba observed that “The accused is a Maulvi-Hafiz, who taught Quaran Sharif and Kayda to the victim. A great deal of faith and trust is placed in the Maulvi-Hafiz, who teaches others the tenets of the holy Quran and is looked up to with reverence. Thus, the accused held a position of great trust and faith, which he violated by sexually assaulting the victim, a gullible six-year-old girl child. Thus, the accused does not deserve any indulgence in this regard.”
The incident took place in Delhi’s Burari area in September 2016, where a minor girl was sexually assaulted by a Muslim cleric, and her family filed a complaint. An FIR was filed under Section 354 of the IPC and Section 8/10 of the POCSO Act.
The Trial Court convicted the accused and sentenced him to rigorous imprisonment for five years for the offence punishable under Section 354 IPC and six years for the offence punishable under Section 10 of the POCSO Act.
The victim used to go to the cleric’s house with other children to learn Quran Sharif and Kayda. When she returned home, she told her mother that the accused sexually assaulted her because she couldn’t recite Kayda.
The accused denied the allegations and contended that he had been falsely implicated in the case because, 15 days prior to the incident, he and the victim’s father got into an argument after some water got sprinkled on the latter’s coat when the accused was watering the plants.
The Court rejected the accused argument and observed that it had been established that he had sexually assaulted the victim, who was six years old at the time of the incident.
The Court stated, “Thus, I find no flaw in the judgement of Ld. Trial Court in concluding that the accused is guilty of aggravated sexual assault in terms of Section 9 (m) POCSO Act, which is punishable under Section 10 POCSO Act, and convicting the accused under Section 354 IPC and Section 10 POCSO Act.”
