Morung Express News
Dimapur | June 25
The Fast Track Special POCSO Court in Dimapur has sentenced a man to 20 years of rigorous imprisonment (RI) for sexually assaulting and impregnating his 14-years old biological sister. The case dates to 2023.
Special POCSO Judge Khesheli Chishi pronounced the judgment on June 24. The accused, Gaurav Kumar Bhagat, was charged and convicted under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012; and Sections 354 (outraging modesty) and 506 (criminal intimidation) of the now repealed Indian Penal Code. He was awarded two years of simple imprisonment under Section 354 and one year simple imprisonment under section 506. The sentences will run concurrently.
As per the case history, the victim and the accused were orphaned siblings, who lived with their grandmother. The sexual assault occurred over a period of time, stating in March 2023. The matter came to light on October 13, 2023, when the victim complained of stomach pain and was taken to the District Hospital Dimapur, where an ultrasound examination revealed she was pregnant.
The victim initially blamed an unnamed individual out of fear the accused, and went into hiding. After she was located, she told the police that her brother had repeatedly assaulted and threatened her.
An FIR was subsequently registered on October 17, 2023.
During the trial, the defense argued that procedural lapses, including the absence of a medical “ossification test,” made the accused’s age at the time of the offense doubtful. “Ossification test is a standard forensic tool used when birth certificates or school records are missing or unreliable.” The defense also pointed to the victim’s initial statements naming another suspect to argue that the prosecution’s case was unreliable.
However, the court established that the accused was over 18 years old when the offence was committed, relying on his Aadhaar card, medical records, and his own statements in open court. The judge dismissed the argument, remarking, “Investigative errors cannot be a ground to give benefit to offenders when all other evidences point to the guilt of the accused.”
A key piece of evidence that nailed the accused was the forensic DNA profiling report, which confirmed accused Bhagat as the biological father of the child. The court said, “The paternity test seals the fate of the accused who has been declared as the biological father of the new born baby. There can be no other conclusion.”
The accused was acquitted for two other charges. One under Section 328 IPC (administering a “stupefying, intoxication or unwholesome drug, or other thing” to commit an offense), for a lack of evidence. The other was under Section 6 of the POCSO Act (punishment for aggravated penetrative sexual assault). The court ruled that the accused did not hold a position of authority over the victim as defined under Section 5 of the Act. The District Legal Services Authority was further directed to take steps to secure compensation for the victim.
As per Court's records, two months after the case was discovered, the victim gave birth in December 20, 2023. The infant girl died on January 4, 2024.
