The victim's mother had explained the delay by saying that her parents-in-law and husband were not at home so she had not lodged the report immediately, hence the delay is properly explained
The special Protection of Children from Sexual Offences Act (POCSOA) court while justifying a delay caused in registering of FIR in a POCSOA case held that the parents and the family members of the girl child would think twice before registering a sexual harassment offence, which their child had gone through. The court while refusing to accept the defence placed on record by the 35 year old Sion resident, Jasbeersingh Baas, held the man guilty of molestation charges and sentenced him to three years of rigorous improvement along with a fine of Rs 22,000.
The court in its orders held, "The victim's mother had explained the delay by saying that her parents-in-law and husband were not at home so she had not lodged the report immediately, hence the delay is properly explained.
Parents and the family members would always think twice before lodging the report as regards to a girl child. In context with Indian society, the female member cannot take such decision to file a case pertaining to child without support of family. So, delay caused is properly explained that victim's mother lodged report when her husband, parent-in-law came."
According to the prosecution's case, the victim, a nine year old girl, was abducted by Baas and was sexually molested. The child ran to her mother and informed that a 'Sardaarji Uncle' did wrong act with her and pointed out towards his house. The child in her statement said that the accused had lured her with chocolates and took her at his house and molested her. However the FIR in the case was not registered immediately as she claimed that there was no one present at her house when the incident took place and so she had to wait for her family to decide on the aspect of registering the complaint.
The defence was of the view that he had slapped the child, as she had blown soil in his eyes, and just to take a revenge, a complaint under the stringent POCSOA charges against him and he was wrongly implicated in the case.
The court however, after going through the evidence put up by the prosecution as well as after going through the statement of the child found confidence in the her statement. Also witnesses produced by the prosecution had supported the case.
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