Arunachal | POCSO court sentences hostel warden to death for assaulting 21 children
The prime accused, Yumken Bagra, sexually assaulted 21 children, including 15 girls, aged between 6 and 15 years, from 2019 to 2022
A special POCSO court in Yupia in Arunachal Pradesh on Thursday (September 26) sentenced a hostel warden to death for sexually assaulting 21 children, including 15 girls, at a residential school.
The court of special judge (POCSO), west session division, Yupia also sentenced two others to 20 years of rigorous imprisonment each for their involvement in the case.
The prime accused, Yumken Bagra, was the warden of the hostel at Karo Government Residential School in Shi-Yomi district, where he sexually assaulted 21 children, including 15 girls, aged between 6 and 15 years, between 2019 and 2022.
Severity of crime
Co-accused Marbom Ngomdir was a Hindi teacher while Singtun Yorpen was former headmaster of the school, Capital Superintendent of Police (SP) Rohit Rajbir Singh said.
Bagra was convicted under Sections 328 and 506 of the Indian Penal Code (IPC) as well as Sections 6, 10, and 12 of the Protection of Children from Sexual Offences (POCSO) Act, and he was sentenced to death due to the severity of his crimes, the SP said.
Ngomdir was found guilty under Section 506 of the IPC and Sections 17 and 21(1) of the POCSO Act, while Yorpen was convicted under Sections 17 and 21(2) of the POCSO Act, Singh said.
"This ruling not only addresses the immediate issue at hand but also serves as a critical turning point for the broader societal awareness surrounding the protection of children, reinforcing the collective responsibility to safeguard their rights and welfare," Singh said.
HC’s suo motu action
Sexual abuse at the residential school came to light after two sisters complained to their parents about it on November 2 last year. Two days later, an FIR was lodged with Monigong police station in the district.
Bagra was on the run and police later arrested him in November last year.
The Itanagar bench of Gauhati High Court on July 21 this year took suo motu action and cancelled a bail granted to Bagra.
The court had procured copies of the relevant records, including the bail order passed by the special judge, POCSO Act cases, Yupia.
Provision for death penalty
The Union government had passed the ordinance to amend the Protection of Children from Sexual Offences (POCSO) Act to grant death penalty for the rape of children under the age of 12 following a massive outrage over Kathua rape case in Jammu and Kashmir.
Following are the provisions of the amendment in POCSO Act:
• In case of gang-rape of a girl below the age of 12, the punishment will be death penalty or life imprisonment.
• In case of rape of a girl below the age of 12, the punishment will be death penalty, life imprisonment or a minimum imprisonment of 20 years.
• In case of gang-rape of a girl below the age of 16, the punishment will be imprisonment for the rest of life.
• In case of rape of a girl below the age of 16, the punishment will be imprisonment for 20 years (earlier 10 years) which is extendable for rest of life.
Time limit for probe
Moreover, a provision was also made to ensure that investigation of all cases of rape should be completed within 2 months. Also the trial of all rape cases should be completed in 2 months. A time limit of 6 months has also been provided for disposal of appeals in rape cases.
