The Delhi High Court has reduced the 20-year prison sentence of a 38-year-old man convicted of “digital rape” on a four-year-old girl in 2014 to 12 years.
A bench of Justice Amit Bansal cited the appellant’s substantial life ahead, along with the responsibility of caring for his aging mother, and noted his satisfactory conduct in jail.
“The trial court had sentenced the appellant for 20 years of rigorous imprisonment, observing that the appellant had committed ‘digital rape’ on a child of four years at the time of the incident,” stated the court.
The term “digital rape” refers to the act of penetration using fingers.
While upholding the conviction under the Protection of Children from Sexual Offences (POCSO) Act, the court emphasized, “In my considered view, ends of justice will be met if the sentence of the appellant is reduced to 12 years. In this view of the matter, I deem it appropriate to reduce the sentence of the appellant from 20 to 12 years. The fine of Rs 15,000 awarded by the trial court is retained.”
The appellant, who is the brother-in-law of the victim’s tutor, received a 20-year jail term in 2021 under Section 6 (aggravated penetrative sexual assault) of the POCSO Act and the Indian Penal Code, along with a fine of Rs 15,000 from the trial court.
The court highlighted that under the POCSO Act, penetrative sexual assault includes any insertion, to any extent, of an object or body part into the vagina, urethra, or anus of a child. In this case, the appellant failed to successfully rebut the “presumption” against him by presenting evidence or discrediting the prosecution’s evidence.
The court observed that the trial court rightly maintained that the defense witness, the tuition teacher related to the appellant, turning hostile does not negate the statements of the victim child.