Principal session Judge GBL Abdul Nasir Pronounces Landmark Judgment in Minor Sexual Assault Case

Aijaz baba / Ganderbal The Court of Principal Sessions Judge, Ganderbal (Hon’ble Abdul Nasir) has pronounced judgment in case titled State through Police Station Kangan vs. Ulfat Ahmad Magray S/o Ghulam Rasool Magray R/o Khanan Kangan, arising out of FIR No. 24/2020 P/S Kangan, for offences punishable under Sections 376, 506 IPC and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.After a full-fledged trial, based on the evidence adduced by the prosecution, the Court found that the accused had committed penetrative sexual assault upon a minor girl aged about 17 years, which resulted in her pregnancy and subsequent birth of a female child. The DNA profiling conducted by the Forensic Science Laboratory, Srinagar, conclusively established that the child was biologically fathered by the accused.The Court, while holding the accused guilty of committing an offence under Sections 3/4 of the POCSO Act, noted that the charge under Section 506 IPC (criminal intimidation) was not proved and accordingly acquitted the accused of that charge.While determining the quantum of sentence, the Court observed that the victim and the accused had subsequently contracted marriage and are presently residing together along with their two children. The Court, therefore, took into consideration the socio-economic circumstances, the welfare of the victim and the minor children, and the evolving judicial approach in cases involving consensual adolescent relationships, as reflected in the Hon’ble Supreme Court’s suo motu judgment titled In Re: Right to Privacy of Adolescents (2023) and recent pronouncements of the Hon’ble Madras High Court.Emphasizing that while the POCSO Act is designed to protect minors from sexual exploitation, courts must also ensure that justice is tempered with humanity and social responsibility, the Court held that it was bound by the statutory framework and not vested with extraordinary powers under Article 142 of the Constitution of India to modify or suspend the mandatory minimum sentence.Accordingly, the accused has been convicted under Section 4 of the POCSO Act and sentenced to simple imprisonment for a period of ten (10) years and a fine of ₹1,000 (Rupees One Thousand only). In default of payment of fine, the offender shall undergo further simple imprisonment for one (1) month.The Court further ordered that the period of detention already undergone by the accused during investigation and trial shall be set off against the substantive sentence awarded.This judgment reiterates the judicial resolve to uphold the statutory safeguards under the POCSO Act, ensuring the protection of minors while simultaneously recognizing the need for a balanced, welfare-oriented approach in cases involving complex social and familial dimensions.