The high court, however, said there was no illegality in the trial court's judgment.(Representational)
Delhi High Court has upheld the life imprisonment awarded to a man for sexually assaulting a five-year-old girl, who used to live in his neighbourhood, saying that he took advantage of the situation and breached the trust of the "innocent, tender-age victim".
The high court dismissed the man's appeal challenging his conviction and sentence awarded by a trial court and said the punishment does not call for any interference.
It said the prosecution has proved beyond reasonable doubt that the appellant committed penetrative sexual assault on the victim.
"In the instant case, the appellant lived in the neighbourhood whom the victim addressed as 'bhaiya (brother)'. Trusting him, the victim requested him to unlock the door of her house.
"The appellant, taking advantage of the situation and breaching the trust of the innocent, tender-age victim, sexually assaulted her. Not only that, forcible penetration by the appellant resulted in injuries and bleeding to the victim, a child of a tender age of five years," a bench of Justice Mukta Gupta and Justice Poonam A Bamba said.
It added, "Because of the injuries caused, the victim remained hospitalised for two days. Considering these facts and circumstances in entirety, punishment awarded to the appellant does not call for any interference," it added.
According to the prosecution, the incident took place in August 2016 after the complainant dropped her daughter home from school and went to pick up her other daughter from her school.
The girl's mother gave the keys of the house to her minor daughter and asked her to take help from the neighbour in opening the lock, it said, adding that she found the victim crying after returning home.
The victim told her mother that after unlocking the door, the accused neighbour also came inside and sexually assaulted her and when she started crying, he left the place, the prosecution alleged.
An FIR was lodged against the man at Shahbad Dairy police station.
The man denied the allegations and claimed that he was falsely implicated due to a past quarrel between his mother and the mother of the victim.
The high court, however, said there was no illegality in the trial court's judgment.
"We are also of the considered opinion that in the facts and circumstances of the present case, sentence of life imprisonment and fine… as awarded by the trial court, also calls for no interference. Appeal is accordingly dismissed," the bench said.
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