The Court of Special Judge (POCSO), Ukhrul W Tonen Meitei on Wednesday convicted a man under section 3 of the POCSO Act, 2012 for sexually assaulting his 12-year-old niece.
The convict Babul Kol, 39, son of Babula Kol of Srigona, Silchar who is staying in Ukhrul district at present brought the minor girl from Silchar to Ukhrul in October 2015 so that she may attend school. She got admitted to class III at a school located in Ukhrul district by staying with the accused. Since March 2016, the accused has been repeatedly committing sexual assault against her till her complaint was lodged before the OC Women Police Station of Ukhrul.
The case was registered as special trial (POCSO) case before the court on November 25, 2016. After finding prima facie case against the accused, the prosecution submitted the charge sheet against the accused under section 6 of the POCSO Act.
The court framed charges against the accused on December 9, 2016 under section 6 of the POCSO Act. As the accused pleaded not guilty, the court took 13 prosecution witnesses to establish the charges against the accused.
The court found certain facts regarding the offence which showed that that the charge leveled against the accused was under section 3 of POCSO Act and not section 6 of the POCSO Act.
On careful examination of the charge sheet, it was observed that the offence committed by the accused falls within the ambit of section 3 of POCSO Act and punishable under section 4 of POCSO Act.
The court observed that the prosecution had proved without any reasonable doubt that the accused had committed penetrative sexual assault to the minor victim girl, who was brought from Silchar with a promise to give education, attracting the offence under section 3 of POCSO Act, 2012. Hence, the accused has been convicted under section 3 of POCSO Act, 2012 and punishable under section 4 of POCSO Act, the court stated.
The court has fixed January 21 for the sentence hearing.
