Excelsior Correspondent
JAMMU, Apr 29: Special Judge Fast Track Court POCSO Y P Sharma today awarded five years imprisonment to van driver of a school under Protection of Children from Sexual Offences (POCSO) Act.
According to the police case, accused Happy Kumar was working as driver of school van bearing No. JK02BT-5207 engaged for carrying children from the school at Chinore Jammu to their homes and vice versa. He was abusing the victim-a five year old.
After hearing Special PP Anil Magotra for the UT whereas Advocate Anmol Sharma for the accused, the court observed, “evidence of the victim child is sufficient to hold that accused committed the offence of sexual assault upon her. There is no doubt about the commission of offence under Section 9(m) by the accused read with Section 7 of the POCSO Act which is punishable in-terms of Section 10 of the POCSO Act. Hence, accused is convicted for commission of offence”.
“Convict has been found to have committed the offence of aggravated sexual assault punishable with maximum punishment of seven years. Similarly, the offence is against the society and committed against the minor victim of tender age of about five years and perhaps it is the first reported case of a school van driver”, the court said, adding “therefore, message has to go to all the school van drivers and deterrence is need of the hour but at the same time, it has to be kept in mind that the allegation against the petitioner is of touching the minor child inappropriately and serious charge of penetrative sexual assault could not be proved for want of evidence from the victim”.
“The accused though found to have committed the offence against a minor child but he is father of one minor girl and has liability of his parents besides his wife and he is the only earning member of the family. Hence, considering all these factors and mitigating circumstances projected by the accused and he being first time offender, keeping in mind the totality of the circumstances, the convict Happy Kumar is sentenced to undergo imprisonment for five years and also to pay fine of Rs 10,000. In default of payment of fine, he shall further undergo simple imprisonment of six months”, court ordered.
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