Noida, Jul 21 (PTI) A local court has sentenced a Noida-based businessman to 10 years of rigorous imprisonment by a local court here for kidnapping and sexually assaulting his minor neighbour three years ago.
Vikas Nagar, Additional Sessions Judge-Special Judge, POCSO Act (First), Gautam Buddh Nagar also slapped a penalty of Rs 30,000 on the convict Prashant Kumar, who owned a garment shop.
The minor victim, then aged 14 and a student of Class 9, was allegedly enticed away by Kumar in April 2021 after which her father approached the local Expressway Police Station to lodge a complaint, leading to the FIR and the arresting of the accused.
The court convicted Kumar under Indian Penal Code (IPC) Section 366 (kidnapping or abducting a female to compel her for marriage or for illicit intercourse), and Section 4 (penetrative sexual assault on a child) of the Protection of Children from Sexual Offences (POCSO) Act, according to the order issued Saturday.
Arguing for the accused, advocate Dharmendra Pal Singh submitted that Kumar was the only bread earner of his family and has no criminal antecedents except this case, as he requested for minimum punishment.
Special Public Prosecutor Jai Prakash Bhati submitted that the convict had committed “very grievous offence” and deserves no leniency of the court.
Having considered the respective submissions of the parties, Judge Nagar convicted Kumar under IPC Section 366 IPC and Section 4 POCSO Act and not under IPC Section 376 (rape), noting that “both the offences provide for same punishment in the statute.” “Convict Prashant Kumar is sentenced to rigorous imprisonment of 10 years and a fine of Rs 20,000 in offence under section 4 POCSO Act and in default of payment of fine, the convict shall undergo an additional simple imprisonment of six months,” he ordered.
“Convict Prashant Kumar is sentenced to rigorous imprisonment of three years and a fine of Rs 10,000 in offence under section 366 IPC and in default of payment of fine, the convict shall undergo an additional simple imprisonment of one month,” the order added.
The bench said the period already spent by the convict in prison during trial shall be adjusted in original sentences awarded to him and since both the offences are committed in one sequence, therefore both the sentences shall run concurrently. PTI KIS RPA
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