POCSO case accused jumps into sea, police search on

New Delhi, Jan 18: Two men accused of kidnapping and brutally raping a five-year-old girl in Delhi in 2013 have been held guilty by a court in the national capital today. The POCSO court, which will announce the quantum of punishment on January 30, said, "In our society the minor girls are worshipped as goddess on certain occasions but in the present case the victim child had experienced exceptional depravity and extreme brutality."

"The crime against the victim was committed in a most grotesque and revolting manner and the collective conscience of the community was shaken," the court added while holding the accused - Manoj Shah and Pradeep Kumar - guilty.

The assault which took place just four months after Nirbhaya's brutal rape had grabbed headlines with its shocking details. The girl, who was named Gudiya by sections of the media, went missing and the police told her parents to look for her themselves. She was found two days later, tied in the basement of the east Delhi house she lived in with traces of candles and bottles inside her private parts.

The convicts had fled after raping Gudiya and shoving a candle and bottle inside her private parts, leaving her at Manoj Shah's room, after believing the five-year-old to be dead. The child was rescued 40 hours later on April 17, 2013.

Manoj Shah and Pradeep Kumar were arrested by Delhi police separately from Muzaffarpur and Darbhanga in Bihar respectively in 2013. The charge sheet was filed on May 24 that year and charges were framed by the court on July 11. But, it took more than five years to complete the recording of the statement of 57 prosecution witnesses in the POCSO court.

"Though the trial should have been completed in two years, we are happy we got justice," said the father of the girl.

One of the convicts, Manoj Shah, allegedly assaulted some reporters while being taken out of the courtroom.

Ahmadabad, July 17: The Gujarat high court has ordered the Bharuch superintendent of police to investigate and produce a 14-year-old girl before the court, who has allegedly eloped with a man. Ironically, the man was convicted two years ago on Pocso charges for eloping with another minor girl in 2016.

The high court has asked the government to file an application for bail cancellation of the convict because he has indulged in a similar offence after having come out on bail.

The case involved one Dilip Padhiyar (24) from Uchchhad village in Jambusar taluka of Bharuch district.

He was punished with 10 years in jail in December 2018 by a special court for kidnapping a 16-year-old girl in 2016. He was prosecuted under the Protection of Children from Sexual Offences (Pocso) Act and for rape and kidnapping charges. He got away with a 10-year-imprisonment because the girl was over 16 years and she had not alleged rape. However, Dilip Padhiyar was held guilty of statutory rape, abduction as well as under provisions of Pocso Act.

Dinesh Padhiyar got regular bail from the high court pending his appeal challenging his conviction in January 2019. In November 2019, he eloped with another minor girl.

Her father approached the high court complaining that though an FIR was registered with Vedach police station, the police have not made any effort to trace his minor girl. It was also contended in the habeas corpus petition that Padhiyar is a habitual offender.

Petitioner's advocate Imtiyaz Kureshi said that looking at the past of Dinesh Padhiyar, the high court asked the state government to initiate proceedings for cancellation of his bail.

The bench headed by Justice Sonia Gokani instructed HC's registry to treat the bail cancellation application as an urgent matter.

The high court has ordered Bharuch SP to produce the girl before the court by July 20, and in case she cannot be traced by then, he will have to submit an action taken report.