'More Heinous Than Murder': Madras High Court Upholds Death In Child Abuse Case

The Madras High Court has confirmed the death sentence awarded by a special POCSO court to a man convicted of repeatedly sexually assaulting three girls aged between six and eight years. The court held that the prosecution proved its case beyond reasonable doubt and described crimes against children as more heinous than murder.

Dismissing the convict's appeal, the Division Bench said the testimony of the three child survivors was consistent, natural and trustworthy despite "minor embellishments" over time. The court also confirmed the conviction under various provisions of the POCSO Act and the Indian Penal Code, including aggravated penetrative sexual assault, criminal intimidation, house trespass and wrongful confinement.

According to the prosecution, the accused repeatedly lured the children into a house every Saturday over nearly a year, threatened them with a knife and sexually assaulted them. The abuse came to light only after one child's mother overheard her daughter speaking about the incidents to another child, following which police registered the case.

Rejecting the defence argument that there were inconsistencies in the children's statements before the magistrate and their testimony during trial, the High Court observed that courts must focus on the core allegations rather than minor embellishments. "The Court has to separate the chaff from the grain," the Bench said while assessing the evidence of child witnesses.

The Bench also ruled that delay in filing the complaint could not weaken the prosecution's case in child sexual abuse cases. "The delay in lodging the complaint can never be a defence when it comes to sexual offences and particularly when it pertains to a child," the court observed, noting that families often hesitate because of stigma and the trauma of legal proceedings.

Explaining why it upheld the conviction, the court said the victims' evidence established the foundational facts, triggering the reverse burden under Sections 29 and 30 of the POCSO Act, which the accused failed to rebut.

The High Court also made strong observations on the lasting impact of child sexual abuse. "In a case of sexual assault on a child, it is an offence on the dignity and soul of the child," the Bench said, adding that such crimes "deserve more stringent punishment than cases involving murder" because "the life continues but the soul is lost."