YUPIA, 20 Aug: The special POCSO court here in Papum Pare district has sentenced a 66-year-old retired government lecturer to five years' imprisonment for sexually assaulting a 12-year-old girl while she was attending mathematics tuition at his residence in 2019.
Special Judge (POCSO) Dr Hirendra Kashyap on 19 August sentenced Jagadamb Prashad (JP) Sharma to five years' imprisonment under Section 10 of the Protection of Children from Sexual Offences (POCSO) Act and imposed a fine of Rs 5,000.
In case of default in payment of the fine, Sharma will have to undergo an additional one month of simple imprisonment, according to the sentencing order.
The court had on 12 August convicted Sharma under Section 354A of the IPC, read with Section 10 of the POCSO Act, after holding that the prosecution had proved his guilt beyond reasonable doubt.
Sharma, who was then a lecturer at the State Council of Education and Research and Training Centre, Chimpu, had agreed to provide mathematics tuition to the daughter of a colleague at his residence. The case arose after the girl, who was reluctant to return for tuition, wrote a note to her mother, describing the sexual assault.
The court found that the victim was 12 years, two months and 14 days old at the time of the offence and was, therefore, a child within the meaning of the POCSO Act.
During sentencing, Sharma's counsel sought leniency, citing his age, medical condition, absence of criminal antecedents, and his conduct during the trial. The defence said the retired government servant has been undergoing continuous medical treatment and is required to undergo a biopsy to determine whether he is suffering from cancer. It also argued that imprisonment would adversely affect his treatment and physical and mental well-being.
The prosecution, led by special public prosecutor Kagam Bagra, however, sought the maximum punishment, contending that Sharma was a lecturer and tuition teacher who had sexually assaulted a minor student placed under his trust, and that such conduct was not expected from a teacher.
The court noted that while Section 354A IPC provides imprisonment of up to three years for sexual harassment involving physical contact and unwelcome sexual overtures, Section 10 of the POCSO Act provides imprisonment of not less than five years and up to seven years for aggravated sexual assault.
Invoking Section 42 of the POCSO Act, which provides for imposition of the punishment greater in degree where an act constitutes an offence both under the POCSO Act and specified provisions of the IPC, the court decided to sentence Sharma under Section 10 of the POCSO Act.
While terming sexual harassment and aggravated sexual assault on a minor student a serious offence, the court took into account Sharma's age, absence of criminal antecedents and his cooperation during the trial, and decided to impose the minimum five-year sentence. It, however, held that he is not entitled to relief under Section 360 of the CrPC or the Probation of Offenders Act.
The court had earlier found that Sharma, being the victim's tuition teacher and occupying a position of trust and authority, subjected her to unwelcome physical contact of a sexual nature. It held that the act constituted sexual harassment as well as aggravated sexual assault.
The case was headed by the then Itanagar Women Police Station officer-in-charge, inspector P Taku.
The 26 days Sharma has already spent in custody during investigation and trial will be set off against his five-year sentence under Section 428 of the CrPC.
The court also referred the case to the District Legal Services Authority, Papum Pare, for payment of adequate compensation to the victim under the Arunachal Pradesh Victim Compensation Scheme, 2011. It further directed that the Rs 5,000 fine, if deposited, be paid to the victim towards rehabilitation.
Sharma was informed of his right to appeal against the conviction and sentence before the Gauhati High Court. The court ordered issuance of a warrant for him to undergo the sentence.