Chargesheet filed against two in east Delhi minor’s rape case

Delhi police has filed a chargesheet in a city court against two youths for brutally raping a five-year-old girl two months ago, under stringent provisions of newly enacted law for protection of children which entails 

maximum punishment of life imprisonment.

The kidnapping and rape of the minor in east Delhi had sparked public outrage against the alleged apathy of police in registering the case, leading to the suspension and transfer of cops of various ranks.

The accused Manoj Shah (22) and Pradeep Kumar (20), who had fled after committing the crime, were arrested from Bihar.

The police, in its chargesheet filed before additional sessions judge Sanjay Garg, said the evidence collected so far showed that the accused had raped the minor after kidnapping her and had left her confined in a room for two days.

Manoj and Pradeep have been chargesheeted under various provisions of Protection of Children from Sexual Offences (POCSO) Act relating to aggravated sexual assault and for offences including kidnapping, procuring a minor girl, wrongful confinement, attempt to murder and destruction of evidence under the IPC.

Being a special law dealing with cases where the victim of sexual offence is a child, the POCSO Act 

will prevail over the Indian Penal Code. The police said in the chargesheet that the POCSO Act is a special Act where the accused is required to prove innocence whereas under the IPC, the accused is presumed innocent till the prosecution proved his guilt.

ASJ Garg, presiding over the special court under the POCSO Act, took cognizance of the chargesheet and fixed the matter for 1 July  for hearing arguments on framing of charges against both the accused, who are presently in judicial custody.

They are accused of 

brutally raping the five-year-old girl on 15 April in a building in east Delhi’s Gandhi Nagar locality.