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Court said that though all sexual assaults on female children are not reported and do not come to light yet there is an alarming increase in the POCSO matters.
The Allahabad High Court recently observed that there has been an alarming and shocking increase in sexual offences against children despite the fact that not all cases of assaults on female children are reported.
9 "This is due to the reasons that children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children and young girls," court said.
The bench of Justice Sanjay Kumar Singh said that "therefore, such offenders who are a menace to the civilized society should be mercilessly and inexorably punished in the severest terms".
The court observed so while dealing with a bail plea filed by a man accused of offences under Section 376AB of the Indian Penal Code, & Section 5m/6 of the POCSO Act.
As per prosecution case in brief, the informant who is mother of the victim lodged a first information report on January 14, 2022 for an alleged offence under Section 376 I.P.C. and Section 3/4 of POCSO Act against the applicant Rajesh.
The allegations were that on January 14, 2022, at about 05:50 PM when informant's daughter aged about 7 years had gone to the fields, the applicant by alluring her for giving Rs. 10 bodily lifted her to the mustard field and committed rape on her.
However, seeking bail, the applicant's cousel argued that the applicant had been falsely implicated in the case and that the allegation of the prosecution was not supported by the medical examination report of the victim as no injury was found on her body and her hymen perineum was found intact.
On the other hand, Additional Government Advocate vehemently opposed the prayer for bail by contending that the victim in her statement both under Section 161 and 164 CrPC had made serious allegation of rape against the applicant.
He pointed out that the victim in her statement under Section 164 CrPC had specifically stated that when she had gone to fetch mustard from the field, accused took her to the field in the lap and inserted his penis into her vagina.
Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant and severity of punishment, court did not find any good ground to release the applicant on bail.
Case Title: Rajesh v. State Of U.P. And 3 Others
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