Rajender@raju v State on July 3, 2020
CRL.A. 276/2020.& Crl. M. (Bail) 438/2020
5506/2020 & Crl. M. 6383/2020
Pulling down the leggings of a child victim and touching of the thighs is clearly constitutes an offence of sexual assault in terms of Section 7 of Protection of Children from Sexual Offences Act, 2012, Delhi High Court has held (Rajender vs State).
Justice Sanjeev Sachdeva a single Judge Bench, passed the judgement against an order of conviction passed by the Trial court against the Appellant, Rajender. Appellant convicted by the Trial Court for the offence under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
He was sentenced to undergo Rigorous Imprisonment for a period of 5 years and to pay a fine of Rs. 10,000.
Further, as court observed that the Appellant had not been able to show any reason to disbelieve the testimony of the children, hence under Section 29 of POCSO Act, a statutory presumption was raised against the accused, the Court held,
“Accused has not been able to dispel the presumption or discharge the onus. It is established from the testimony of the child victim and her brother that the appellant/accused had pulled down the leggings of the child and touched her thighs. Pulling down the leggings of the child victim and touching of the thighs is evident of sexual intent and accordingly constitutes an offence of sexual assault in terms of Section 7 of POCSO Act.”