Big decision in Lucknow POCSO case, punishment to three culprits, strict comment from the court

Lucknow-Sachin Bajpayee

In the much talked about POCSO and gang rape case of Police Station Naka, Lucknow district, the Special Court has adopted a tough stance and convicted three accused. The court of Additional District and Sessions Judge / Special Judge (POCSO Act), Lucknow Mohammad Kamruzzama Khan has convicted Mohammad Afzal Khan, Mohammad Ashraf and Mufti Ahmed under Section 376-D of the Indian Penal Code and Section 5/6 of the POCSO Act and sentenced them to a minimum of 20 years of rigorous imprisonment and a fine of Rs 10,000 each.

The court made it clear in its order that all the sentences will run concurrently. Also, the period previously spent in jail will be adjusted in the sentence. Instructions have also been given to provide the entire amount of fine to the victim as per rules, so that she can get help in her rehabilitation. In case of non-payment of fine, the culprits will have to face additional simple imprisonment.

The incident happened in the year 2019

This matter is of the year 2019. According to the prosecution, the accused gang-raped the victim by luring her, scaring her and intoxicating her. Case number 146/2019 was registered in the police station Naka in connection with the incident. After investigation, the charge sheet was presented in the court by the police.

Evidence presented during the hearing

During the hearing of the case, many important witnesses including the victim, her father, doctor, FIR writer and investigator were presented in the court by the prosecution. On the basis of documentary evidence, medical examination report and circumstantial evidence, the court held that the allegations against the three accused have been proven beyond doubt.

An accused got the benefit of doubt

Due to lack of evidence, the court acquitted accused Imran Ahmed of all charges, giving him the benefit of doubt. The court said that the allegations against him could not be proved due to lack of concrete evidence.

Role of Advocates

Abhishek Upadhyay, Advocate and Arun Kumar, Advocate presented effective arguments on behalf of the prosecution. Whereas, from the defense side, S.B. Singh, Advocate presented the side of the accused.

Victim’s identity confidential

The Special Court directed to keep the identity of the victim completely confidential and said that the name of the victim should not be revealed in the judgment or in any public forum. Besides, an order has also been given to provide a copy of the decision to the victim free of cost.

Court’s strict comment

Commenting in its decision, the court said that sexual crimes against minors are extremely serious and have a deep impact on the society. In such cases, it is necessary in the interest of justice to give harsh punishment, so that a clear message can be sent to the society. This decision was pronounced in open court on 19 January.