HC upholds conviction of bus attendant who raped 4-year-old student for months
PUNE SINHGAD INSTITUTE RAPE CASE
Observing that rape is a ghastly act which shatters the life of the victim, the Bombay High Court recently confirmed the conviction of the bus attendant, who had continuously raped a four-yearold-minor girl for months altogether. The HC also maintained the sentence of nearly 25 years rigorous imprisonment, imposed upon the convict by a special court in 2015.
A single-judge bench of Justice Anant Badar was seized with the criminal appeal filed by Amol Sherkar, the bus attendant, who raped and kindergarten student, continuously, while ferrying the girl from school to home.
Taking a note of the incident, Justice Badar said, "Parents of the tiny tots entrust them with utmost confidence to the conductor and driver of the school bus for reaching them and bringing them back from the school. They feel that their children are in safe hands, particularly when the school bus belongs to so called reputed educational institute like Sinhgad Institute, Pune, and the drivers as well as the conductors/attendants of such school bus are direct employees of such educational institution." "This case reflects breach of the trust reposed by the parents of a toddler on
conductor/attendant of the school van, who happened to be the employee of the so called reputed educational institute. Taking advantage of such entrustment of children to him, it is seen that Sherkar had repeatedly committed penetrative sexual assault on the minor child," Justice Badar observed.
Sherkar was convicted by a special court under the relevant provisions of the Protection Of Children from Sexual Offences (POCSO) Act and also under charges of rape and outraging modesty of the girl child. The horrific incident dates back to April 2014, when the victim child narrated her ordeal to her mother, who sought help from the school principal to register a case against Sherkar. However, the principal did not show any sensitivity towards the issue and registered a case only after hundreds of parents barged into the school premises in agitation and destroyed its properties. Justice Badar noted this insensitivity, and said, "It was expected of the Head Mistress of the school to keep in mind that the mental and psychological trauma of such sexual assault troubles the minor female child throughout her life resulting in depression, anxiety and post traumatic stress disorder. Sex abuse of a toddler is a peculiar sinister type of trauma because of the shame it instills in the victim which lasts throughout her life."
The court, accordingly scrutinised the evidence on record, most of which corroborated with version of the victim child and accordingly upheld Sherkar's conviction. While dismissing his appeal, Justice Badar said, "Rape is a ghastly act which leaves the victim shattered for the life as it causes not only physical but emotional and psychological trauma to the victim. Sexual activities with young girls of immature age have a traumatic effect on them, which persists throughout their life and often destruct whole personality of the victim."