Police asked to invoke special law on sexual crimes against kids

Two men have been sent to jail for repeatedly gang-raping a minor with the court asking the city police chief to ensure that the perpetrators of sexual crimes against children be booked in future under a newly-enacted stringent law on such offences.

The court asked the Delhi police commissioner to book such offenders under the newly enacted special law, namely the Protection of Children from Sexual Offences Act, 2012 (POCSO), which came into force from November 14, 2012 and aims to

protect minor (below the age of 18 years) from offences of sexual assault, harassment and pornography.

The court, in its order, emphasised the need to conduct the probe in such cases by the police in accordance with the provisions of the special Act and observed that the same is not being followed in the cases of sexual offence against children.

"In fact, it is the provisions of this special Act which are required to be necessarily invoked by the investigating agency and the investigation/trial of the said cases have to be conducted in the manner as provided therein under the Act which I am informed is unfortunately not happening in many of the cases recently registered.

"In view of the above, the copy of this judgement is directed to be placed before the Commissioner of Police, Delhi for appropriate action in this regard," Additional Sessions Judge Kamini Lau said.

The court said it is necessary to ensure that the cases relating to sexual exploitation of persons below the age of 18 years be registered under the new Act which is a beneficial child rights legislation.

The court made the observations while sentencing 27-year-old Vikram Singh to life imprisonment and 31-year-old Tejender Singh to 10 years in jail for gang-raping a 17-year-old girl repeatedly.

According to the prosecution, Vikram and Tejender had in 2011 gang-raped the girl, the daughter of a guard in their factory, after calling her in their office on some pretext in the absence of her parents.

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