Right of female child always staked to peril: Madras High Court expresses anguish over rising instances of child sexual assault by known persons

The Madras High Court recently expressed its anguish over the increasing instances of cases where children are sexually assaulted by persons known to them, despite stringent laws in place (Mookan @ Murugan v. State). .The Court made the observations while confirming the conviction and sentence awarded to a man for raping his 11-year-old relative..The rights of female children are always staked in peril, Justice K Murali Shankar observed further. He added such brutal acts have deep impact on the minds of child victims."The right of the female child is always staked to peril. Despite the stringent laws and punishment, it is shocking and disturbing to note the increase in the number of cases where children are sexually assaulted by known persons. Such brutal acts create a deep impact in the minds of the child, traumatises her for a long period, or her entire life, affecting her physically as well as psychologically", stated the judgment..Considering the "most deplorable and disgraceful conduct" of the accused/appellant in this case, the High Court proceeded to confirm the 10-year rigorous imprisonment sentence awarded to him by a Pudukottai trial court..The case at hand also prompted Justice Shankar to quote Nelson Mandela's words that, "There can be no keener revelation of a society's soul than the way in which it treats its children.".The appellant, in this case, had been convicted under Section 376(2)(f) of the Indian Penal Code (rape on a woman when she is under twelve years of age) in 2016. .While her parents had gone out for a condolence meeting In 2010, the appellant is stated to have lifted the minor girl while she was sleeping at home, taken her to a field and committed penetrative sexual assault on her. When the child shouted in protest, the appellant is stated to have threatened to kill her. Her hands were tied and her mouth closed. The victim was also bitten on the chest and all over her body. When she cried, the appellant slapped her cheek, the Court was told. .Her parents heard their child screaming for help on their way back from the condolence meeting. On following her voice, the parents found the accused naked and the child bleeding and in disarray. After she was taken home, the child informed the parents about how the the appellant had raped her. .The trial court's conviction of the appellant in the matter was challenged before the High Court. Dismissing this appeal, the Court found that the sexual assault stood proved by medical evidence. .Whereas the complaint in this case was lodged about seven hours after the incident occurred, the Court pointed out that the delay in lodging an FIR is by itself does not raise an inference that the complaint was false (Karnal Singh v. State of Madhya Pradesh) nor is it fatal to the prosecution's case unless prejudice is caused to the accused. ."In the case on hand, the defence has not shown as to how the accused was prejudiced by the delay," the Court pointed out. .Justice Shankar also noted that the prosecution has duly proved that the victim was 11 years of age at the time of the incident. The Court proceeded to confirm the appellant's conviction and sentence in the matter. .Advocate D Rameshkumar appeared for the appellant, whereas Additional Public Prosecutor V Neelakandan appeared for the State. .[Read Judgment]