'Physical relations' cannot automatically mean sexual assault: Delhi HC
New Delhi, Dec 29: The Delhi High Court has acquitted a man in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault.
A bench of Justices Prathiba M Singh and Amit Sharma allowed the appeal by the accused, who was awarded imprisonment for the remainder of his life, and observed that it was unclear how the trial court concluded that there was any sexual assault when the survivor had voluntarily gone with the accused.
The court asserted that the leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference.
"The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault. The survivor, in fact, used the phrase 'physical relations', but there is no clarity as to what she meant by using the said phrase," the court said in the judgement passed on December 23.
"Even the use of the words 'samband banaya' is not sufficient to establish an offence under Section 3 of the POCSO Act or under Section 376 IPC. Though consent would not matter if the girl is a minor under the POCSO Act, the phrase 'physical relations' cannot be converted automatically into sexual intercourse let alone sexual assault," it held.
The court said the benefit of doubt ought to be in favour of the accused and, therefore, ruled, "The impugned judgement completely lacks any reasoning and also does not reveal or support any rationale for the conviction. Under such circumstances, the judgement is liable to be set aside. The appellant is acquitted."
The complaint in this case was lodged in March 2017 by the minor girl's mother, alleging that her 14-year-old daughter had been lured and kidnapped from her home by an unknown person.
The minor was found in Faridabad along with the accused, who was arrested and subsequently convicted for offence of rape under IPC and penetrative sexual assault under POCSO in December 2023 and later awarded imprisonment for the remainder of his life.
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Indian national sentenced to 35 years in prison for sexual exploitation of minors, child pornography
New York (PTI): A 31-year-old Indian national has been sentenced to 35 years in prison for sexually exploiting several children through a social media app where he often posed as a teenage boy to gain their trust and threatened and extorted them with child pornography when they refused his requests.
Sai Kumar Kurremula, 31, an Indian national living in Edmond, Oklahoma on an immigrant visa, has been sentenced to serve 420 months in federal prison for the sexual exploitation of three children and transportation of child pornography, US Attorney Robert Troester said in a statement.
At the sentencing hearing last week, US District Judge Charles Goodwin sentenced Kurremula to serve 420 months in federal prison, followed by a lifetime term of supervised release.
In announcing his sentence, Goodwin noted that these offences are among those that society considers the most serious because they involve such vulnerable victims. Goodwin further highlighted that Kurremula inflicted trauma on his victims that will echo throughout their lives and their families’ lives, and his lengthy sentence of imprisonment reflects that trauma.
In April last year, Kurremula was charged with sexual exploitation of children and transportation of child pornography. According to an affidavit filed in support of a criminal complaint, in October 2023, the Federal Bureau of Investigation (FBI) began investigating an account on a social media messaging app involving a user who was sexually exploiting minor girls.
The Internet Protocol address used to create the account led federal authorities to Kurremula. Public documents and evidence at the sentencing hearing allege Kurremula had sexually exploited at least 19 minors through the social media messaging app, often posing as a 13-15-year-old boy to gain the trust of his victims. When the victims refused his requests, Kurremula would manipulate, threaten, and extort his victims to produce even more child pornography.
Kurremula had pleaded guilty and admitted to sexually exploiting three minor victims and knowingly transporting images of child pornography. Specifically, Kurremula admitted that to ensure the minor victims complied, he threatened one minor that he would drive to her house and show her parents sexually explicit images of her; threatened another victim that he would come to her home and shoot her family; and threatened a third young individual that he would publicly post sexually explicit images and videos of her.
“The appalling exploitation, manipulation, and coercion of multiple children by this defendant justly warranted the 35-year sentence imposed by the Court,” Troester said. “This case serves as a clear warning to others that the strongest of penalties await those who exploit and victimize our children.” FBI Oklahoma City Special Agent in Charge Doug Goodwater said Kurremula manipulated children into sending him explicit images for his perverse gratification. “These disgusting actions robbed the victims of their innocence and caused unthinkable harm,” Goodwater said.
