NAWABUDDIN versus STATE OF UTTARAKHAND

Citation: [2022] 1 S.C.R. 1083 · Decided: 08-02-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed

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Judgment (excerpt)

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1083
[2022] 1 S.C.R. 1083
1083
NAWABUDDIN
v.
STATE OF UTTARAKHAND
(Criminal Appeal No. 144 of 2022)
FEBRUARY 08, 2022
[M. R. SHAH AND B.V. NAGARATHNA, JJ.]
Protection of Children from Sexual Offences Act, 2012: ss.5/
6 – Penal Code, 1860 – s.376(2)(i) – Prosecution case was that the
appellant-accused was neighbour of PW-1-informant – On the
fateful day, when PW-1 went out of the house, appellant took four
year old daughter of PW-1 to the bushes – He removed his own
clothes as well as clothes of the victim girl and fondled her private
parts and penetrated his finger into the vagina of the victim girl –
Some persons spotted the accused and caught him red handed –
Trial Court as well as the High Court convicted the accused for the
offences under s.5 of the POCSO Act punishable under s.6 of the
POCSO Act – On appeal, held: It was established and proved that
the accused penetrated his finger in the vagina and because of that
the victim girl felt pain and irritation in urination as well as pain in
her body – There was redness and swelling around the vagina found
by the doctor before whom the victim girl narrated the entire incident
– Case fall under s.3(b) of the POCSO Act and it can be said to be
penetrative sexual assault – Considering s.5(m) of the POCSO Act
as such penetrative sexual assault was committed on a girl child
aged four years (below twelve years) the same can be said to be
‘aggravated penetrative sexual assault’ punishable under s.6 of
the POCSO Act – Therefore, both, the Trial Court as well as the
High Court rightly convicted the accused for the offences under
s.5 of the POCSO Act punishable under s.6 of the POCSO Act.
Protection of Children from Sexual Offences Act, 2012: Object
and purpose of enactment of the POCSO Act – The POCSO Act has
been enacted to protect the children from the offences of sexual
assault, sexual harassment and pornography and to provide for
establishment of special courts for trial of such offences and for
matters connected therewith and incidental thereto – The POCSO
Act has been enacted keeping in mind Arts.15 and 39 of the
Constitution of India.
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1084
SUPREME COURT REPORTS
[2022] 1 S.C.R.
Sentence/Sentencing: Offence against children of sexual
nature – Punishment for – Held: Any act of sexual assault or sexual
harassment to the children should be viewed very seriously and all
such offences of sexual assault, sexual harassment on the children
have to be dealt with in a stringent manner and no leniency should
be shown to a person who has committed the offence under the
POCSO Act – By awarding a suitable punishment commensurate
with the act of sexual assault or sexual harassment, a message must
be conveyed to the society at large that, if anybody commits any
offence under the POCSO Act of sexual assault, sexual harassment
or use of children for pornographic purposes they shall be punished
suitably and no leniency shall be shown to them – Cases of sexual
assault or sexual harassment on the children are instances of
perverse lust for sex where even innocent children are not spared
in pursuit of such debased sexual pleasure – Exploitation of children
in such a manner is a crime against humanity and the society –
Therefore, the children and more particularly the girl child deserve
full protection and need greater care and protection whether in the
urban or rural areas – No leniency can be shown to an accused
commits the offences under the POCSO Act, 2012 – Protection of
Children from Sexual Offences Act, 2012.
Sentence/Sentencing: Accused held guilty for committing
‘aggravated penetrative sexual assault’ – Plea for leniency in
sentencing – Held: Accused was aged approximately 65 years of
age at the time of commission of offence – He was a neighbour of
the victim girl – He took advantage of the absence of her parents,
when her mother went to fetch water and her father had gone to
work – He was found to have committed aggravated penetrative
sexual assault on a girl child aged four years, which demonstrates
the mental state or mindset of the accused – As a neighbour, in fact,
it was the duty of the accused to protect the victim girl when alone
rather than exploiting her innocence and vulnerability – He instead
of showing fatherly love, affection and protection to the child against
the evils of the society, rather made her the victim of lust – It is a
case where trust has been betrayed and social values are impaired
– Therefore, the accused as such does not de

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