Delhi High Court

‘Digital Rape’ on Minor: Delhi HC Reduces Sentence of Convict

FacebookFacebookTwitterTwitterEmailEmailWhatsAppWhatsAppLinkedInLinkedInShareShare

 The Delhi High Court has reduced the 20-year prison sentence of a 38-year-old man convicted of “digital rape” on a four-year-old girl in 2014 to 12 years.

A bench of Justice Amit Bansal cited the appellant’s substantial life ahead, along with the responsibility of caring for his aging mother, and noted his satisfactory conduct in jail.

“The trial court had sentenced the appellant for 20 years of rigorous imprisonment, observing that the appellant had committed ‘digital rape’ on a child of four years at the time of the incident,” stated the court.

The term “digital rape” refers to the act of penetration using fingers.

While upholding the conviction under the Protection of Children from Sexual Offences (POCSO) Act, the court emphasized, “In my considered view, ends of justice will be met if the sentence of the appellant is reduced to 12 years. In this view of the matter, I deem it appropriate to reduce the sentence of the appellant from 20 to 12 years. The fine of Rs 15,000 awarded by the trial court is retained.”

The appellant, who is the brother-in-law of the victim’s tutor, received a 20-year jail term in 2021 under Section 6 (aggravated penetrative sexual assault) of the POCSO Act and the Indian Penal Code, along with a fine of Rs 15,000 from the trial court.

The court highlighted that under the POCSO Act, penetrative sexual assault includes any insertion, to any extent, of an object or body part into the vagina, urethra, or anus of a child. In this case, the appellant failed to successfully rebut the “presumption” against him by presenting evidence or discrediting the prosecution’s evidence.

The court observed that the trial court rightly maintained that the defense witness, the tuition teacher related to the appellant, turning hostile does not negate the statements of the victim child.

FacebookFacebookTwitterTwitterEmailEmailWhatsAppWhatsAppLinkedInLinkedInShareShare
AddThis Website Tools
Nunnem Gangte

Recent Posts

Supreme Court Refuses To Hear Pleas Against 2023 Women Reservation Act

The Supreme Court on Friday refused to entertain petitions challenging the delimitation provision in the…

40 minutes ago

“Aspirants Who Dropped Out Between Nov 5-18, 2024 Eligible For JEE-Advanced” Says Supreme Court

The Supreme Court on Friday allowed petitioners who dropped out of their courses between November…

3 hours ago

SC Issues Notice On Sambhal Well Dispute, Seeks UP Government’s Status Report By Feb 21

Advocate Vishnu Shankar Jain revealed on Friday that the Sambhal Mosque Committee had approached the…

3 hours ago

Nijjar Murder Case: British Columbia Court Detains 4 Indian Accused In Khalistani Leader’s Killing

Four Indian nationals accused of murdering pro-Khalistan leader Hardeep Singh Nijjar remain in custody following…

5 hours ago

SC On Krishna Janmbhoomi-Shahi Idgah Matter: Consolidating All Suits Benefits Both Sides

In the Mathura Shri Krishna Janmabhoomi Shahi Idgah Dispute Case, the Supreme Court on Friday…

5 hours ago

“Officials Will Be Held Liable If Periyar River Pollution Persists”: Kerala High Court

The Kerala High Court has issued a firm warning to officials over pollution in the…

5 hours ago