Kochi: In a significant verdict coming from a region traditionally known for having among the lowest crime rates in the country, a Special POCSO Court in Lakshadweep has awarded 40 years of Rigorous Imprisonment (RI) to a 37-year-old man for repeatedly committing sexual offences against a minor boy, who is the convict’s relative.

The verdict was delivered by the Sessions Court in Kavaratti, chaired by Judge Jyothi V, in a case registered at Kavaratti police station. According to the order, the convict, Ilyas TP, a resident of Ward No 6 in Kavaratti Island, exploited the child’s trust as a close relative who had known him since infancy. 

According to the prosecution, the first incident occurred in August 2022, when the accused lured the boy to an under-construction house near his residence and touched his private parts with sexual intent. The survivor was under the age of 12 during the first incident and 12 years old during the second.

In December 2022, the accused again lured the child under the pretext of bringing food items for a local shop, brought him into a room, bolted the door from inside to confine him wrongfully, and committed penetrative sexual assault.

In its sentencing order, the court handed down individual prison terms under five distinct charges that total 40 years of rigorous imprisonment. These comprise 20 years for penetrative sexual assault under Section 4 read with Section 3(d) of the POCSO Act, 7 years for aggravated sexual assault on a child under 12 years under Section 10 read with Section 9(m), 6 years for repeated aggravated sexual assault under Section 10 read with Section 9(l), 4 years for sexual assault under Section 8 read with Section 7, and 3 years for wrongful confinement under Section 368 of the Indian Penal Code. 

The court also imposed fines totalling ₹1,20,000 across the convicted counts. The court said that all substantive prison terms shall run concurrently. 

The abuse came to light on February 22, 2023, after the child’s parents noticed a drop in his academic performance and took him for therapeutic psychiatric counselling, during which he disclosed the incidents. Following a medical intimation from Indira Gandhi Hospital in Kavaratti, the police registered an FIR and arrested the accused on February 23, 2023. He was later released on bail on May 9, 2023, prior to the trial.

During the trial, the prosecution examined eight witnesses and produced nine exhibits as evidence. The court accepted the survivor's testimony as a ‘sterling witness’ and found the boy’s testimony to be credible and reliable, observing that it inspired confidence. The judge also held that the legal presumptions under Sections 29 and 30 of the POCSO Act, which place the burden on the accused to disprove the allegations once the prosecution establishes key facts, remained unrebutted by the defence, leading to the conviction.

The court directed that the pre-trial detention period served by the convict be set off against his sentence. Out of the total realised fine of ₹1,20,000, a sum of ₹1,00,000 will be paid directly to the survivor. Furthermore, the court recommended that the District Legal Services Authority (DLSA), Kavaratti, award an additional compensation of ₹2,00,000 under the Victim Compensation Scheme to support the child’s long-term rehabilitation and psychological care.

The prosecution was led by Special Public Prosecutor Adv Jibin Joseph, while the investigation was conducted and charge-sheeted by Inspector RM Ali Akber, Station House Officer of Kavaratti police station.