Read Time: 08 minutes

Synopsis

POCSO Court at Thiruvananthapuram recently awarded six year rigorous imprisonment to a hostel warden charged with sexually assaulting 11-year-old boy, who had hearing and speech disability.

Special Judge, Smt. Rekha R, while holding the accused liable for offence of sexual assault and aggravated sexual assault under the POCSO Act, 2012, said, “Considering the gravity of the offences committed by accused on PW1 who was only 11 years old and speech and hearing challenged, this court is satisfied that it is not expedient in the interest of justice to invoke the benevolent provision of Probation of Offenders Act.”

On quantum of punishment, Court awarded 6 years rigorous imprisonment and a fine of Rs. 10,000, failing which the convict will have to serve additional 2 months; the said sentence was awarded for each offence separately and all were to run concurrently.

39 days of imprisonment served earlier by the convict was noticeably set-off by the Court.

“On evaluating the entire evidence adduced by prosecution particularly the deposition of PW1 (child-victim) in the light of the various grounds of defence raised by accused, it can be concluded that PW1 unerringly deposed the actual offending act of the accused. Defence was not able to shake that part of the deposition of PW1 even though he was subjected to thorough cross examination. PW1 was very consistent in deposing that accused made him to touch his penis. PW1 is found to be reliable and trustworthy”, Court observed.

State was represented by the Special Public Prosecutor, Sri Vijay Mohan R.S.

Directions were issued to District Legal Services Authority, Thiruvananthapuram for adequate compensation to the child-victim.

Facts of the Case

The accused in the present case was a hostel-warden who faced trial for charges under Section 8 read with Section 7, Section 10 read with Section 9(c), Section 10 read with 9(m) and Section 10 read with Section 9(k) of the POCSO Act as well as, Section 75 of JJ Act, with respect to an incident of sexual assault committed on 24.09.2019.

As per the case of the prosecution, the accused being a government servant and matron of Government Deaf School, caused the child-victim to touch his penis and caught hold of the penis of the child, in the hostel area of the school.

The child victim was known to have hearing and speech disability and at the time of the incident, was merely 11 years of age, studying in standard VI.

FIR No. 1886 of 2019 was registered by Museum Police Station on the basis of the statement given by the child victim and cognizance was taken for the offences punishable under Section 7, read with Ss. 8, 9(c), (d), (f), (k), (m), (o) read with Section 12 POCSO Act and Section 75 Juvenile Justice Act, 2015.

Key Issues for Court’s Consideration

1. Was the accused guilty of the acts charged and hence liable to be punished for offences under sections 10, read with 9(c) POCSO Act?
2. Was the accused liable for offences punishable under Section 8 read with Section 7 of the POCSO Act?
3. Was the accused liable for offences under Section 10 read with 9(m) of the POCSO Act, considering that the child victim was merely 11 yrs of age?
4. Did the accused commit aggravated sexual assault upon the child taking advantage of his disability, thereby committing an offence punishable under Section 10 read with 9(k) of the POCSO Act?
5. Did the acts of accused also call for liability under Section 75 of the JJ Act,2015?

Cases referred

1. To assess whether the acts alleged were done with sexual intent – Justin @ Renjith and Another v. Union of India, 2020 (6) KHC 546, David v. State of Kerala, 2020 (4) KHC 717
2. To ascertain the age of the victim so as the determine applicability of POCSO Act – P. Yuvaprakash v. State represented by Inspector of Police (2023 KHC 6709)

Provisions attracted

• Section 7, POCSO Act, 2012: Sexual Assault
• Section 8, POCSO Act, 2012: Punishment for Sexual Assault
• Section 9, POCSO Act, 2012: Aggravated Sexual Assault
• Section 10, POCSO Act, 2012: Punishment for Aggravated Sexual Assault
• Section 75 JJ Act, 2015: Punishment for cruelty to child

Case Title: State v. Jeen Jackson, decided on April 23, 2025