HC upholds life sentence on pastor for raping minor girl

Madurai: Madras high court has upheld the conviction and life sentence imposed on a church pastor for sexually assaulting a physically and intellectually challenged 17-year-old girl in Virudhunagar district in May 2022.The court was hearing a criminal appeal preferred by pastor Joseph Raja (appellant), challenging the conviction and life sentence imposed on him by the special court for the exclusive trial of cases under the Pocso Act in Srivilliputhur.
The prosecution case is that in May 2022, the pastor sexually assaulted the girl in the church. Following the incident, the mother lodged a police complaint. In March 2023, the trial court found the appellant guilty of the offences under Section 5(f) and Section 5(k), read with Section 6 of the Pocso Act, along with Section 92(d) of the Rights of Persons with Disabilities Act, 2016, and sentenced him to imprisonment for life. The court also imposed a fine of 1 lakh. Challenging the same, the pastor preferred the present appeal.A division bench of justice G K Ilanthiraiyan and justice R Poornima observed that the Supreme Court, in a judgment, recognises the innate hesitation a woman experiences in speaking about the sexual trauma inflicted upon her, particularly when the perpetrator is not a stranger but someone closely associated with her family."Regrettably, society has yet to overcome the stigma and moral judgement that continue to attach themselves to such disclosures. Even when a victim musters the courage to speak, she may not always find encouragement, or even acceptance, from her own parents, who may view such disclosure as undesirable or damaging. To overcome these deep-rooted psychological and social barriers and to ultimately approach the police is neither immediate nor effortless; it is a process that understandably consumes time. Viewed in this backdrop, and recognising that the reporting of sexual offences is far from a simple or mechanical act, this court is inclined to hold that the delay of eight days between the date of occurrence and the lodging of the complaint is wholly immaterial," the judges observed.The judges observed that the trial court correctly applied Section 42 of the Pocso Act and rightly awarded the higher punishment prescribed under Section 6 of the Act, considering that the offence under Section 92 of the Rights of Persons with Disabilities Act, 2016 also prescribes a minimum punishment. The court found no perversity, illegality, or misappreciation of evidence warranting interference with the well-reasoned judgment of conviction. The prosecution evidence was reliable, cogent, and trustworthy.The conviction of the appellant for offences under Section 6 of the Pocso Act was sustained. The sentence imposed by the trial court was appropriate and proportionate to the gravity of the offence, the judges observed, and dismissed the appeal preferred by the pastor.