Calcutta High Court upholds conviction of man for groping 10-year-old

Child abuse is a grave violation of a child's rights as it scars victims mentally, emotionally and physically, the Calcutta High Court observed recently while upholding the conviction of a man for outraging the modesty of a 10-year-old girl in 2010 [Subhas Mondal vs State of West Bengal]..Justice Shampa Dutt (Paul) noted that the prosecution proved its case beyond reasonable doubt against the appellant, Subhas Mondal, who was booked for hugging the victim from behind and touching her breast, in an alleged attempt to rape her. "Child abuse is a grave violation of children's rights and wellbeing, encompassing physical, emotional, sexual, or neglectful harm inflicted by adults or peers. It scars victims mentally, emotionally, and physically, often leading to long-term consequences. Early recognition, prevention, and intervention are crucial in safeguarding children and promoting their safety, health, and development," Justice Dutt observed in her order..The case before the Court concerned an incident dating back to the early hours of February 12, 2010.At 6 AM that day, the victim girl is said to have gone to a toilet beside a primary school. The prosecution informed the Court that while the child was returning to her house, she was caught hold of by the accused man in an attempt to rape her. However, local people rushed to the spot since the girl shouted in alarm, prompting the accused man to run away. The trial court convicted the accused man in 2016 for the offences under Section 376(2)(f) read with Section 511 of the IPC, for attempting to rape the victim, and Section 354 of the IPC for outraging the victim's modesty.This verdict was challenged before the High Court, where the accused man contended that there was no intention on his part to outrage the modesty of the child. However, the High Court found that there was enough evidence to show that the man's actions were sufficient to shock the sense of decency of any woman. "The accused/appellant’s action upon the victim, is clearly capable of shocking the sense of decency of women, in this case a helpless child and the prosecution has proved the same beyond all reasonable doubt," the Court said..The Court also found that there was sufficient evidence on record to hold the man guilty of the offence under Section 7 (sexual assault) of the Protection Of Children from Sexual Offences Act (POCSO Act).However, the POCSO Act only came into force on November 14, 2012, while the incident in this case occurred in 2010. As such, the Court said that the POCSO Act cannot be applied retrospectively to the convict in this case.The Court further said that the convict did not deserve any leniency in sentence, considering the nature of the offence and the appellant's conduct towards the 10-year-old child. .It, therefore, upheld the trial court's 2016 decision to sentence the convict to two years of rigorous imprisonment, apart from the imposition of a fine..Advocates Md Makaram Hossain, Md Naimul Islam and KP Mukherjee appeared for the appellant (convict).Advocates Ranabir Roy Choudhury and Sandip Chakraborty represented the State..[Read Judgment]