HC upholds life sentence to pastor for sexually assaulting girl with physical and intellectual disability

The Madurai Bench of the Madras High Court has upheld the life sentence awarded by a trial court in Virudhunagar district to a pastor for sexually assaulting a girl with physical and intellectual disability.

The court was hearing the criminal appeal filed by pastor Joseph Raja against the judgment passed by Special Court for Exclusive Trial of case under the POCSO Act in Srivilliputtur. The appellant was convicted for the offence punishable under Section 6 of the Protection of Children from Sexual offences Act, 2012.

The case of the prosecution is that in 2022 the pastor sexually assaulted the girl who was said to be 70% disabled with moderate intellectual disability and speech impairment. The trial court found the appellant guilty of the offences under Section 5(f) and 5(k) read with Section 6 of the POCSO Act along with Section 92(d) of the Rights of Persons with Disabilities Act, 2016 and sentenced him to undergo imprisonment for life and also imposed a fine of ₹1 lakh.

A Division Bench of Justices G.K. Ilanthiraiyan and R. Poornima held the trial court had correctly applied Section 42 of POCSO Act and rightly awarded the higher punishment prescribed under Section 6 of the Act considering that the offence under Section 92 of the Rights of Persons with Disabilities Act, 2016 also prescribes a minimum punishment.

“The court finds no perversity, illegality, or mis-appreciation of evidence warranting interference with the well-reasoned judgment of conviction. The prosecution evidence is found to be reliable, cogent, and trustworthy. The trial court’s appreciation of evidence is in consonance with the statutory scheme of POCSO Act and the principles governing sexual offence cases,” the bench said.

“The court finds no merit in the appeal. The conviction of the appellant for offences under Section 6 of the POCSO Act is sustained. The sentence imposed by the trial court is appropriate and proportionate to the gravity of the offence,” the judges said.