Kannur: A fast-track special court for POCSO cases in Taliparamba, Kannur, on Saturday, July 20, sentenced an elderly man to a double life term for sexually assaulting a mentally ill girl over four years, from when she was nine to 12 years old.
Special Judge Rajesh R found Aloysius alias Jose (64) of Pulikurumba in Naduvil Grama panchayat guilty of nine counts of sexual assault and criminal intimidation. The survivor's parents worked as rubber tappers and farm labourers at Jose's place, said public prosecutor for sex crimes against children Adv Sherymol Jose. "While reading out the sentence, the judge observed that the man in his 60s, who should have protected the girl, does not deserve mercy," she said.
Adv Sherymol Jose said that the girl had physical and mild intellectual disabilities and was a heart patient, too. The crime came to light in November 2020 when the girl's cousins overheard her sharing her ordeal with her paternal grandmother over the phone. Her parents told her school teachers who informed Childline. "Though the medical examination revealed the sexual assault, she only disclosed the extent of Jose's abuse after counsellors at Taliparamba worked with her for two days," said Adv Sherymol Jose.
Based on her statement, Kudiyanmala Police registered an FIR and booked him but he was not arrested for around one month. "Jose was an influential and well-regarded person. He was not even in hiding. But police arrested him on the eve of his daughter's wedding after news media highlighted the case," she said.
According to the prosecution, Jose first sexually assaulted the girl in his house when her mother was out on his farm working in 2017. She was nine years old and in Class IV then. After that, he used to sexually assault her when she used to accompany her mother to his house, said the prosecution.
Since Class VI, he used to go to her house and sexually assault her when her parents went to tap rubber. The last incident was reported on November 11, 2020, when she was in Class VII.
The fast-track special court awarded him two life sentences for aggravated penetrative sexual assault of a girl below 12 years under Sections 3 (a), 4, 5 (m) and Section 6 of the Protection of Children against Sexual Offences (POCSO) Act, said Adv Sherymol Jose. "Life sentence here means imprisonment for the remainder of natural life," she said.
Jose was also found guilty under Section 462 of IPC (punishment for same offence when committed by person entrusted with custody); Section 354 A and B of IPC (sexual harassment and using criminal force to disrobe), Section 506 of IPC (criminal intimidation), and Section 5 (l) of POCSO Act (repeated sexual assault).
Under the remaining seven charges, Judge Rajesh sentenced him to a total of 60 years. The court also fined him Rs 3.75 lakh.