New Delhi: A 34-year-old man has been sent to five years in jail for repeatedly sexually assaulting his minor niece by administering medicines to numb her senses.
A city court, while convicting the man, said no motive has been attributed to the 14-year-old victim as to why she would make false allegations against her paternal uncle in a sexual assault case.
"Testimony of prosecution witnesses is found trustworthy and reliable in respect of victim used to be sexually assaulted by accused after administering stupefying tablets on her. Accordingly, accused stands convicted for the offence punishable under section 10 (aggravated sexual assault) Protection of Children from Sexual Offences (POCSO) Act and section 328 (causing hurt by means of poison) of IPC," Additional Sessions Judge Gautam Manan said.
The court relied on the girl's deposition saying in light of deposition of the victim which is found to be reliable and trustworthy, it has to be concluded that accused after administering stupefying medicine to the victim used to sexually assault her.
"It would be seen that court has over the years attributed to the testimony of child witnesses the same kind of credibility that is attached to the statement of any other witness if the testimony is consistent.
"In the present case, victim is consistent on material particulars with regard to the incident of sexual assault.
Despite her cross-examination, no material contradiction came out. No motive has been attributed to the victim as to why she would make false allegations against her paternal uncle," the court said.
It also directed that a compensation of Rs two lakh be paid to the victim and asked Delhi Legal Services Authority to ensure compliance of its order.
The man used to reside in the house of the victim along with her father and brother. According to the prosecution, the girl alleged that her uncle used to sexually assault her after giving her some tablets.
On one occasion when she refused to take the medicine, he beat her up and again sexually assaulted her, the girl had said. She also said that her mother had died while her father was a drunkard, so she disclosed the incident to a woman residing in the neighbourhood and lodged a complaint at Jahangir Puri police station in north-west Delhi.
During trial, the man denied he had sexually assaulted the victim.
