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Updated : Jun 28, 2013, 02:29 PM IST
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The principal district and sessions judge court in Dharwad convicted a man for rape, under the section 6 of Protection Of Children from Sexual Offences (Pocso) Act 2012 on Thursday, among the first such convictions under the Act.
The quantum of punishment for 38-year-old Shivappa alias Shivanand Madar will be announced on Friday in the case which may quell apprehensions of child rights activists about the lack of provisions under the act.
Shivappa of Shibargatti village allegedly raped a nine-year-old girl from Amminabhavi in Dharwad district on January 5. According to the chargesheet, Shivappa, exploiting his friendship with the girl’s family, entered her house and finding the girl alone, allegedly raped her. Neighbours, who found the girl unconscious, informed her parents and the police about the incident.
Judge K Natarajan, who heard the case, said the convicted should also be prosecuted under 376(F) of the Indian Penal Code. His observations and findings may be pronounced on Friday. Special public prosecutor Megharaj H Kabadi, told dna that although the chargesheet was filed under section 4 of Pocso, he requested the judge to consider trying the case under section 6, which states that whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term not less than ten years, extending to imprisonment for life, and shall also be liable to paying a fine.
What is Pocso?
Protection Of Children from Sexual Offences (POCSO) Act , the first special statute framed to address the issue of sexual offence against children was passed by Parliament in May 2012 to strengthen the legal provisions for protection of children from sexual exploitation. The Act classifies the offence into penetrative sexual assault (7 years to life imprisonment), aggravated penetrative sexual assault (10 years to life), sexual assault (3-5 years), aggravated sexual assault (5-7 years), sexual harassment (3 years and fine) and use of children for pornographic purposes (first conviction–5 years; second -7 years).
