(Trigger Warning: Descriptions of sexual assault.)
A 75-year-old man on Thursday, 1 September, was sentenced to life imprisonment for digital rape of a 3-year-girl in Noida’s Sector 39 area, which took place in 2019.
The man, Akbar Alam, is from West Bengal’s Malda, but had been living in the area.
Digital rape involves forcefully inserting one’s fingers into an individual’s private parts. This is the first instance where a life imprisonment has been awarded in such a case.
Special Public Prosecutor Neetu Bishnoi said, “The complainant said at 11 am that day, his daughter was playing outside her home. Alam lured her with toffee and took her to his room.”
Bishnoi said that the girl’s father filed a police complaint on 21 January 2019. The complainant said, “My daughter came home crying and revealed her ordeal to her mother."
The girl, in court, said that she was playing outside when Alam lured her into his room using toffees and went on to sexually assault her.
The police have claimed that Alam lived at his son-in-law’s home in the neighbourhood, and added that no one was at home when he committed the crime.
'False Complaint,' Claim Alam's Kin
Dr Pushplata, who conducted the medical examination, in her report said, “There was no injury mark on the private part... In my medical report, any rape can't be confirmed with medical inspection.”
She added, “The internal inspection of the victim was found to be normal.”
Alam's granddaughter, a defence witness, said that her family cooked meat two days before the incident and threw the bones on the neighbourhood, which caused a quarrel with the girl’s family and led to a false complaint.
"The complaint registered is a false case against my grandfather," she said.
What The Court Said
The court, relying on the testimony of the girl and her family, convicted Alam to life imprisonment under the Protection of Children from Sexual Offences (POCSO) Act.
The court added:
“Out of the amount of fine imposed, 80% shall be paid to the girl for trauma, pain and suffering as she is entitled under Section 357-A of the CrPc."
Alam's lawyer Irshad Ali, meanwhile, said that that he was not satisfied with the judgment, and added, "The medical report did not establish rape or assault. We will challenge this order in high court.”
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