Case Law On Prosecutions For Child Abuse
Introduction
Child abuse and exploitation in India are addressed under several laws:
Indian Penal Code (IPC) – Sections 375, 376 (sexual assault), 323 (injury), 506 (threats), 377 (unnatural offenses).
Protection of Children from Sexual Offences Act (POCSO), 2012 – Comprehensive law covering sexual abuse, harassment, exploitation, and child pornography.
Juvenile Justice (Care and Protection of Children) Act, 2015 – Deals with protection and rehabilitation.
Child Labour (Prohibition & Regulation) Act, 1986 – Prevents exploitation through child labor.
Courts have emphasized strict liability, child protection, and deterrence in such cases.
1. State of Haryana vs. Rajesh & Others (POCSO Case, 2017)
Facts: A man, Rajesh, was accused of repeatedly sexually abusing a minor girl in Haryana. The abuse included physical assault and threats to prevent reporting.
Legal Action: Trial under POCSO Sections 3 (penetrative sexual assault), 4 (aggravated sexual assault), and IPC Sections 376, 506.
Judgment: The Punjab & Haryana High Court upheld the conviction of the accused, sentencing him to rigorous imprisonment for 10 years and fine.
Significance: Established POCSO’s strict liability principle: consent is irrelevant, and any sexual activity with a minor is criminal.
2. Delhi vs. Ram Kishan (Child Pornography Case, 2018)
Facts: Ram Kishan was found in possession of child pornography and was distributing content online to multiple recipients.
Legal Action: Charges under POCSO Section 11 (child pornography) and IPC Sections 67B (IT Act).
Judgment: Delhi High Court sentenced the accused to 7 years rigorous imprisonment and imposed a substantial fine.
Significance: Reinforced that digital exploitation of children is punishable, and distribution or possession of child sexual content attracts strict penalties.
3. State of Uttar Pradesh vs. Vijay Pal Singh (Child Labour & Sexual Exploitation, 2016)
Facts: Vijay Pal Singh was operating a workshop employing minors under unsafe conditions and forcing them into sexual exploitation.
Legal Action: Charges under POCSO Sections 3 & 5 (aggravated sexual assault), IPC Sections 376, 375, and Child Labour Act violations.
Judgment: UP High Court convicted the accused, sentencing him to life imprisonment for sexual exploitation and imprisonment for child labor violations.
Significance: Highlighted that economic exploitation combined with sexual abuse leads to multiple legal consequences.
4. State of Tamil Nadu vs. R. Suresh (Sexual Assault on Minor, 2015)
Facts: R. Suresh, a family acquaintance, sexually abused a 12-year-old girl over a period of months.
Legal Action: Charges under POCSO Sections 3 & 5, IPC Sections 376, 506.
Judgment: The Madras High Court confirmed conviction and imposed rigorous imprisonment of 12 years, also ordering victim compensation under Section 33 POCSO.
Significance: Reinforced victim compensation and protection as a core component of POCSO.
5. State of Maharashtra vs. Prashant B. (Child Trafficking Case, 2019)
Facts: Prashant B. was involved in trafficking children for sexual exploitation and forced labor in Mumbai.
Legal Action: Trial under POCSO Sections 14 & 15 (trafficking for sexual purposes), IPC Sections 370 & 372 (human trafficking).
Judgment: Mumbai Sessions Court convicted the accused, sentencing him to life imprisonment with fines, emphasizing the aggravated nature of trafficking crimes.
Significance: Established that child trafficking with intent for sexual exploitation is one of the most serious offenses under Indian law.
6. State of West Bengal vs. Abhijit Sarkar (Online Grooming and Abuse, 2020)
Facts: Abhijit Sarkar used social media to groom minors for sexual exploitation, exchanging obscene content and coercing minors to meet.
Legal Action: Charges under POCSO Sections 14 & 15, IPC Section 354C (voyeurism), and IT Act Section 66E.
Judgment: Calcutta High Court sentenced the accused to 10 years rigorous imprisonment, emphasizing online grooming as a punishable form of child exploitation.
Significance: Strengthened digital protections for children under POCSO and IT Act.
Key Legal Principles Across Cases
Strict liability for sexual acts with minors – Consent is immaterial (POCSO Section 3).
Digital exploitation – Distribution, possession, and grooming are criminal offenses.
Aggravated punishment – Use of threats, repeated abuse, trafficking, or multiple victims increases sentence.
Victim compensation – Courts actively order monetary compensation to aid recovery.
Multiple laws can apply simultaneously – IPC, POCSO, IT Act, Child Labour Act, Juvenile Justice Act.
No immunity based on relationship – Offenders often include relatives, acquaintances, or persons in positions of trust.
Conclusion
Prosecutions for child abuse and exploitation in India show a strong commitment by courts to protect children, impose strict punishment on perpetrators, and provide rehabilitative support for victims.
Cases like Haryana vs. Rajesh, Delhi vs. Ram Kishan, UP vs. Vijay Pal Singh, TN vs. R. Suresh, Maharashtra vs. Prashant B. collectively demonstrate:
Comprehensive legal coverage (POCSO, IPC, IT Act).
Recognition of digital and physical abuse.
Emphasis on victim protection and rehabilitation.
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