News media was abuzz with reports of a 75-year-old man being sentenced to life imprisonment after he was convicted of 'digital rape' of a three-year-old girl from Noida.
While the sentence was awarded only on Tuesday, 30 August, the conviction is from 2019. The special court order (from 2019) reads that the man:
“…is held guilty and is hereby convicted on the charges for the offences under section 5 (m)/6 of the POCSO Act…”
This means that he was held guilty of the offence under section 5(m) and punished as per section 6 of the Prevention of Children Against Sexual Offences (POCSO) Act.
But what is 'digital rape'? What is the case against the man? And what are Sections 5 and 6 of the POCSO Act?
75-Year-Old Gets Life Imprisonment for 'Digital Rape': What Does It Mean?
1. What Is Digital Rape?
Digital rape has nothing to do with computers, phones, or any digital medium. Instead, the phrase stems from the English word 'digit,' which besides meaning number and integer, also means finger, thumb, and toe.
Thus, digital rape essentially refers to an act of non-consensual penetration involving fingers or toes.
Prior to the Nirbhaya Act of 2013, digital rape wasn’t incorporated under the definition of rape in the Indian Penal Code.
However, under Section 3 of the POCSO Act, insertion to any extent “of any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or making the child to do so with him or any other person” was already considered penetrative sexual assault.
Expand2. The Case
In 2019, a three-year-old was alleged to have been subjected to “digital rape” in Sector 39 of Noida.
The septuagenarian, Akbar Alam, was a neighbour of the girl’s family and had allegedly lured the minor to his home with toffee.
The police have claimed that Alam lived at his son-in-law’s home in the neighbourhood, and that no one was at home when he committed the crime.However, Dr Pushplata, who conducted the medical examination, in her report said:
“There was no injury mark on the private part... In my medical report, any rape can't be confirmed with medical inspection.”
Expand3. Conviction by Special Court: Section 5(m) and 6 of POCSO Explained
While Section 3 defines penetrative sexual assault, Section 5 of the POCSO Act defines aggravated penetrative sexual assault.
As per Section 5 (m):
“Whoever commits penetrative sexual assault on a child below twelve years,” is said to have committed aggravated penetrative sexual assault.
In this case, the survivor was three years old at the time of the reported commission of the act.
Section 6, thereby, provides for punishment for Section 5.
As per this section, punishment for aggravated penetrative sexual assault can range from rigorous imprisonment for a term of 20 years to life imprisonment (which includes whole of the natural life) or even death. Further, there is an additional fine.
Section 6: (1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.
Expand4. Punishment in This Case
Thus, having been charged under Section 5 and punished under section 6, the 75-year-old was awarded a sentence of life imprisonment.
This came, even as the court noted that Ali’s counsel had pointed out that the man had already been in jail for a long spell of time and was “very old”, and had therefore requested a punishment of “minimum sentence prescribed under the statute.”
But the court was of view that the “ends of justice” would be met by sentencing him to:
“…life imprisonment, which shall mean remainder of his natural life and a fine of Rs 50,000 /- and in default of payment of fine to undergo further punishment for six months.”
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Expand
What Is Digital Rape?
Digital rape has nothing to do with computers, phones, or any digital medium. Instead, the phrase stems from the English word 'digit,' which besides meaning number and integer, also means finger, thumb, and toe.
Thus, digital rape essentially refers to an act of non-consensual penetration involving fingers or toes.
Prior to the Nirbhaya Act of 2013, digital rape wasn’t incorporated under the definition of rape in the Indian Penal Code.
However, under Section 3 of the POCSO Act, insertion to any extent “of any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or making the child to do so with him or any other person” was already considered penetrative sexual assault.
The Case
In 2019, a three-year-old was alleged to have been subjected to “digital rape” in Sector 39 of Noida.
The septuagenarian, Akbar Alam, was a neighbour of the girl’s family and had allegedly lured the minor to his home with toffee.
The police have claimed that Alam lived at his son-in-law’s home in the neighbourhood, and that no one was at home when he committed the crime.
However, Dr Pushplata, who conducted the medical examination, in her report said:
“There was no injury mark on the private part... In my medical report, any rape can't be confirmed with medical inspection.”
Conviction by Special Court: Section 5(m) and 6 of POCSO Explained
While Section 3 defines penetrative sexual assault, Section 5 of the POCSO Act defines aggravated penetrative sexual assault.
As per Section 5 (m):
“Whoever commits penetrative sexual assault on a child below twelve years,” is said to have committed aggravated penetrative sexual assault.
In this case, the survivor was three years old at the time of the reported commission of the act.
Section 6, thereby, provides for punishment for Section 5.
As per this section, punishment for aggravated penetrative sexual assault can range from rigorous imprisonment for a term of 20 years to life imprisonment (which includes whole of the natural life) or even death. Further, there is an additional fine.
Section 6: (1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.
Punishment in This Case
Thus, having been charged under Section 5 and punished under section 6, the 75-year-old was awarded a sentence of life imprisonment.
This came, even as the court noted that Ali’s counsel had pointed out that the man had already been in jail for a long spell of time and was “very old”, and had therefore requested a punishment of “minimum sentence prescribed under the statute.”
But the court was of view that the “ends of justice” would be met by sentencing him to:
“…life imprisonment, which shall mean remainder of his natural life and a fine of Rs 50,000 /- and in default of payment of fine to undergo further punishment for six months.”
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)