Indian Penal Code, 1860
Section 354 & Section 10 of the Protection of Children from Sexual Offences Act—Aggravated sexual assault—Conviction—Appeal—Victim was aged about six years at the time of incident and she was taking tuition of Kayda/Arabic language from the appellant/accused—Testimonies of victim and her mother inspire confidence—Testimonies of prosecution witnesses regarding victim being sexually assaulted by appellant/accused also finds corroboration in MLC—In view of admitted facts/evidence on record, the appellant/accused has failed to rebut the presumption under Sections 29 & 30 of the POCSO Act—It stand established that appellant/accused sexually assaulted the victim—No infirmity found in judgment of trial court in concluding that appellant/accused is guilty of offences alleged—Conviction upheld.
[Paras 16 to 19]
Section 354 & Section 10 of the Protection of Children from Sexual Offences Act—Aggravated sexual assault—Prayer of reduction in sentence to the period the appellant has already been incarcerated—Victim was aged about six years at the time of incident and she was taking tuition of Kayda/Arabic language from the appellant/accused—Appellant/accused is a Maulvi/Hafiz, who taught Quaran Sharif and Kayda to the victim—A great faith and trust is reposed in the Maulvi/Hafiz, who teaches to others, the tenets of holy Quaran and is looked up to, with reverence—Appellant/accused held a position of great trust and faith, which he breached by sexually assaulting the victim, a gullible girl child of six years of age—Appellant/ accused does not deserve any indulgence in this regard.
[Para 20]