CHENNAI : Two years after a 38-year-old auto driver sexually assaulted a six-year-old girl near Kodambakkam, a Mahila court convicted and sentenced him to undergo five years imprisonment and imposed a fine of Rs 5,000. Considering the physical and mental health of the survivor, the court awarded Rs 20,000 as compensation to be paid by the State government.
According to Special Public Prosecutor L Srilekha, on December 25, 2017, K Vijayakumar, an auto driver, sexually assaulted the minor girl by stripping and touching her inappropriately while she was on her way back home from a nearby shop. Vijayakumar, who had parked his auto nearby, grabbed and began sexually assaulting her inside the auto. Hearing her screams, passersby and the girl’s mother rescued her. Vijayakumar was thrashed and handed over the police.
Based on a complaint from the girl’s mother, Vadapalani All Women Police Station booked Vijayakumar under section 10 of the POCSO Act for aggravated sexual assault and he was arrested. Denying the allegations, the defence counsel argued that the investigation officer did not inquire the brother of the girl who was playing nearby and neither the victim nor the mother in her complaint has alleged that the accused committed a penetrative sexual assault.
Hearing both sides, judge RN Manjula observed that in sexual offences, the statement of the victim assumes special significance along with the evidence produced hence it has to be given due weightage. Whenever a person is charged with sexual assault, there is a presumption and the accused has to produce rebuttal evidence to convince the court.
In this case, the accused has not produced any contrary evidence to disprove the presumption and hence it becomes conclusive. The criminal intention of the accused goes with his act unless it is proved that he had any other intention the judge observed and convicted the accused.