The Air in the Special POCSO Court of Hisar
The air in the special POCSO court of Hisar was heavy, thick with the scent of old files and the sterile smell of floor wax. Behind the heavy mahogany doors, the life of a 7-year-old girl named Kajal was being dissected into evidence, exhibits, and testimonies.
The Opening Salvo
Advocate Meera Singh stood up, smoothing her black gown.
Your Honour, this is a case of Fiducia Violata—a breach of trust so profound it shatters the soul of our communal fabric.
Kajal, a child of fifteen, was lured into a ‘bada’ by her own blood—three cousins and an uncle she called ‘Chacha’. They used the sanctity of family as a trap.
She paused, looking at the defence.
- We will prove that on the afternoon of the incident, the accused committed acts of aggravated penetrative sexual assault.
- We rely on Section 70(2) of the Bharatiya Nyaya Sanhita, which mandates stringent punishment for the gangrape of a minor.
- We also rely on Section 6 of the POCSO Act.
The Witness: A Mother’s Agony
Kaveri took the stand. Her hands shook as she held the edge of the wooden railing.
Advocate Meera’s Question
“Mrs Kaveri, tell the court what happened when Kajal returned home that afternoon.”
Kaveri’s Response
“She… she didn’t walk home. She stumbled. My daughter, who was laughing with friends two hours prior, was covered in dust. Her hair… it was pulled out at the roots in patches. She was bleeding. When I touched her, she shrieked as if I were the one hurting her.”
Revelation of the Accused
“At first, she was silent. They say silence is a confession, but for my daughter, it was a prison of fear. It took her father, Sanjay, hours of weeping with her before she whispered the names. Her own cousins. Her own uncle.”
The Cross-Examination: The Shield of the Accused
Advocate Khanna, representing the uncle, rose with a sharp glint in his eye.
| Speaker | Statement |
|---|---|
| Advocate Khanna | “Mrs Kaveri, isn’t it true that your husband, Sanjay, has an ongoing land dispute with my client, Om Prakash, regarding the very ‘Bada’ where this allegedly occurred? Isn’t this just in odium accusatoris—an accusation born of hatred?” |
| Kaveri | “No! No land is worth my daughter’s blood!” |
| Advocate Meera | “Objection! Counsel is attempting to trivialise a heinous crime with property matters. Under Section 29 of the POCSO Act, the court must presume the culpable mental state of the accused once the act is established.” |
| Judge Deshmukh | “Sustained. Move on, Mr Khanna.” |
The Closing Arguments: The Weight of the BNS
Weeks of testimony culminated in the final arguments. The medical report, Exhibit C, had confirmed the strangulation marks and the DNA match.
Advocate Meera: “Your Honour, the defence cries for mercy, but where was the mercy when Kajal was screaming in that room? Under the BNS, the legislature has recognised that crimes against children are crimes against the future.”
The Judgment
The courtroom was so quiet that the ticking of the wall clock sounded like a hammer.
Judge Deshmukh: “The evidence presented is harrowing and conclusive. The defence’s attempt to paint this as a family feud fails in the face of forensic reality. This court finds all four accused guilty.”
- Under Section 70(2) of the Bharatiya Nyaya Sanhita, for the gang rape of a girl under 18 years of age, and read with Section 6 of the POCSO Act, this court sentences Ramesh, Satish, and Sunil to rigorous imprisonment for the remainder of their natural lives.
- As for the accused Om Prakash, being the elder and the one who orchestrated the luring, he is sentenced to life imprisonment without the possibility of parole and a fine of ₹200,000 to be paid to the survivor for her rehabilitation.
As the handcuffs clicked onto the wrists of the four men, Kajal’s father, Sanjay, put his arm around Kaveri. The law had spoken, but the journey to healing was only just beginning.
