People took to search engines looking up ‘digital rape’ after reports of a Noida case went viral recently. In the case, a 65-year-old man was handed life imprisonment after he was convicted of ‘digital rape’ of a three-year-old Noida girl.
The verdict was given by the Surajpur District and Sessions court. Besides life term, the man has also been handed a fine of Rs 50,000. The man had been convicted in 2019 for the crime. The sentencing came on 30 August.
Contrary to what the term might suggest, digital rape does not allude to any digital device or the internet.
The naming has its origins in the English word “digit” that, apart from number and integer, can also mean “finger, thumb, and toe”.
The man was charged under Section 5 and punished under section 6 of POCSO (Prevention of Children Against Sexual Offences) Act.
The IPC didn’t include it under the definition of rape before the Nirbhaya Act of 2013. Under the POCSO Act (Section 3) though, the definition of penetrative sexual assault already included “insertion to any extent of any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or making the child to do so with him or any other person.”
The case was from Noida’s Salarpur, where a man named Akbar Ali had allegedly subjected a three-year old to digital rape.
The man had lured the child, who was from a neighbouring family, with candy or some such thing.
As per a police statement, the man, resident of a village in West Bengal, lived at his son-in-law’s home, and that at the time of the assault there was no one home.
The girl’s parents filed a written complaint after which the man was arrested. He was refused any interim bail, and has been in the district jail since then.
The crime
As per POCSO Act’s Section 5 (m), “Whoever commits penetrative sexual assault on a child below twelve years is said to have committed aggravated penetrative sexual assault.”
The punishment
Under Section 6:
(1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.
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