ERNAKULAM: Today, on November 14 on the occasion of the Children’s day, the Ernakulam POCSO court’s verdict, imposing the maximum punishment of a death sentence, has been welcomed by the victim’s parents, stating that the verdict should serve as a lesson to offenders.
The Protection of Children from Sexual Offences (POCSO) Act, enacted in 2012 by amending the Indian Penal Code 1860, aims to provide legal protection to children against sexual assault and harassment while ensuring their interests are safeguarded throughout the judicial process. The act seeks child-friendly mechanisms for reporting, evidence recording, investigation, and speedy trial through designated Special Courts.
This marks the first instance in Kerala where the death penalty has been awarded in a POCSO case.
According to the prosecution, the tragic incident occurred on July 28, 2023, in Aluva, Ernakulam district. Initially registered by the police as a missing person’s case involving a five-year-old daughter of a Bihar couple (migrant workers in Kerala) from their Aluva residence, the search found that the child’s deceased body tied in a sack within the Aluva market premises.
CCTV footage evidence revealed that Asfaq Alam, a native of Bihar residing near the victim’s house in Aluva, abducted the child, brutally raped and killed her. It was also found that the accused cruelly poured alcohol into the child’s mouth, rendering her unable to cry.
Presenting all the evidence to the court, the prosecution advocated for the maximum punishment of a death penalty for the accused on November 9. During the proceedings, the POCSO court noted that three of the 16 charges against the accused overlapped between the POCSO Act and the Indian Penal Code (IPC).
The verdict was delivered on the 100th day after the crime, and the trial for this case was completed in 26 days.
The prosecution stands firm, asserting that this case meets the criteria of being one of the ‘rarest of rare‘ cases, justifying the imposition of the death penalty. They argued that such a penalty is necessary to address a climate where parents fear allowing their children to play freely.
Concluding all procedures, today, Ernakulam POCSO Court’s Judge K Soman, presiding over the trial, pronounced the maximum sentence of death along with five life terms for the accused, Asfaq Alam.
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