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In a significant ruling, the Bombay High Court on Tuesday upheld the conviction of a former Lieutenant Colonel, sentencing him to 5 years imprisonment for sexually assaulting an 11-year-old girl.
The court’s decision was based on the victim’s compelling testimony, which provided a clear and disturbing account of the incident.
A division bench comprising Justices Revati Mohite Dere and Neela Gokhale dismissed the officer’s appeal, reaffirming the Armed Forces Tribunal’s (AFT) January 2024 order.
The AFT upheld the General Court Martial’s (GCM) 2021 verdict, finding the officer guilty of aggravated sexual assault and sexual harassment under the Protection of Children from Sexual Offences (POCSO) Act.
The court rejected the officer’s defense, which claimed that his actions were motivated by paternal affection. Instead, the court emphasized the importance of trusting the victim’s instincts and recognizing the inherent power imbalance in such situations.
The HC’s ruling highlighted the significance of the victim’s immediate reaction, which was to report the incident to her father. This prompt response lent credibility to her testimony and reinforced the court’s decision to uphold the conviction.
The incident in question occurred in February 2020, when the accused allegedly touched the victim inappropriately and asked for a kiss. The girl’s testimony, which remained consistent throughout the trial, played a crucial role in securing the conviction.
Court’s verdict sends a strong message that child abuse will not be tolerated, and perpetrators will be held accountable. By upholding the conviction, the court has reaffirmed its commitment to protecting the rights and dignity of victims of child abuse.
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