- By Ayushi Tripathi
In a Landmark ruling POCSO court sentenced a man to death on Tuesday, February 18, for the attempted murder and rape of a seven-month-old infant
FACTS:
The accused, Rajib Ghosh abducted the seven-month-old infant from beside her mother who was sleeping on a pavement in kolkata’s Burtolla area. The infant belonging to a couple who worked as pavement dwellers was later sexually assauted by the accused. At approxmiatly 1:45 am local residents discovered an infant was found crying in a residential area and immediately informed the authorities. The child was rushed to RG Kar Medical College, where medical reports confirmed sexual assualt.
Kolkata Police swiftly identified Ghosh as accused after examing CCTV Footage and arrested him from Jhargram district on 4th December 2024. Authorities observed distinctive pattern was being followed prior conducting the crime. A chargesheet was filed within 26 days and the trial began on 7th of January 2025 to ensure speedy redressal of the matter. The case was just concluded in 41 days, reflecting efficiencdy of special court.
Legal Framework of POCSO Court:
Under Section 28 of POCSO Act, 2012, state government are empoewered to designate sessions court as special court in consultation with the respective Chief Justice of High court. These courts are exclusively meant for handling cases of sexual offences against children.
Section 29 of this Act presumes the accused to be guilty unless proven otherwise while section 33 of the said act mandates the courts to adopt child- friendly procedures.
Case can be transferred to these special courts upon request by the victim, prosecutor, police, or by judicial order. The High Court and Supreme Court also retain discretionary power to transfer cases to ensure swiftly and sensitive justice.
Charges Framed:
Ghosh was charged under multiple section of the law:
Section 65(2)– Punishment for raping a woman under 16 years of age, carrying a sentence of life imprisonment or rigorous imprisonment for not less than 20 years, along with a fine.
Section 140(4)– Punishment for kidnapping a person with intent to Murder or demand ransom, punishable by death or life imprisonment , along with a fine.
Section 137(2)– Punishment for kidnapping a person from lawful guardianship, carrying a sentence of up to 7 years imprisonment and a fine.
Section 118– Punishment for voluntarily causing grievous hurt.
Section 6 of POCSO Act– Punishment for aggravated penetrative sexual assault.
Arguements :
Special Public Prosecutor Bibhas Chatterjee stressed upon the heinous nature of an ccrime arguing that the sexual assault of a seven-month-old infant fell under “rarest of rare” category, warranting the death penalty. He further, cointended such a punishment would serve as a deterrent and deliver justice to the victim and family While the defense counsel pleaded for a lesser sentence, life imprisonment citing the possibility of rehabilitation for the accused.
Judgement:
Presiding Judge Indrila Mukherjee after carefully evaluating the arguments, convicted Rajib Ghosh of kidnapping, rape and attempted murder. She sentenced him to death by hanging, describing the crime as ” unimaginably brutal and inhumane.”
Additionally, the court directed the West Bengal government to provide Rs. 10 lakh as compensation to the victim’s family.
