CHENNAI: Describing the reasons given by a trial court to acquit a man accused in a case of penetrative sexual assault of an eight-year-old girl as ‘perverse’ and not ‘plausible’, the Madras High Court on Tuesday reversed the order and sentenced him to undergo a 10-year prison term.
But taking an empathetic view on the plight of the family of the accused and his three girl children aged 14, 13, and seven, Justice Bharatha Chakravarthy directed the state to consider providing assistance to the children to pursue education and ensure nutrition and livelihood support to the convict’s wife.
“These children are termed as orphans of justice or invisible victims or hidden victims. They are put to untold misery and deprivation without any fault on their part,” the judge said. Dhandayutham @ Kannan, a resident of Tiruppur, sexually assaulted a minor girl in 2013.
The Tiruppur All Women Police registered an FIR under Pocso Act and arrested Kannan. The trial in the case was conducted at the principal sessions court in Tiruppur. The judge, in his April 4, 2014 order, acquitted him along with three of his friends who were accused of intimidating the victim and her family of dire consequences.
‘Barbaric assault terrified child’
The state filed an appeal in the Madras HC and Justice D Bharatha Chakravarthy reversed the trial court’s order. Pointing out that the prosecution has proved the charges beyond doubt, the judge said the child was subjected to “grave and heinous” sexual assault. Calling the assault “violent and barbaric”, he said, “Psychologically, her complete personality stood distracted and she was terrified.
To call this assault animalistic will be injustice even to animals as they do not sexually assault baby animals.” The judge convicted Kannan and sentenced him, after taking into consideration his age and family circumstances, to undergo 10 years imprisonment and a fine of Rs 5,000 each on two counts of charges under section 6 of Pocso Act and 307 (attempt to murder) of IPC and seven years imprisonment and Rs 3,000 fine under section 450 of IPC. The court also ordered a compensation of Rs 10.50 lakh to the victim which should be used for her education.