THRISSUR/PALAKKAD: The new ordinance brought to amend provisions in the POCSO Act, 2012, was promulgated by the President on April 21 will not be applicable in the case relating to the rape of a minor child below 10 year in a cinema hall in Malappuram as the incident happened three days before it came into effect, legal experts have said. As per the new amendment to the law, a person convicted of rape of a child below 12 years can be sentenced to death.
The amendment was brought in in wake of the widespread protest after the Kathua and Unnao incidents were minor children were raped. “The law can’t be applicable with retrospective effect as the promulgation of the amendment was three days after the incident of child rape in Malappuram Theatre. Now, with the charges of aggravated sexual charges being slapped on the accused, the statement of the child to the investigators, her 164 statement before the magistrate along with the forensic and medical evidence of the assault are of utmost importance,” a lawyer said.
Meanwhile, Child Line officials in Palakkad said the allegations of them along with Child Welfare Committee were not holding enough awareness classes to prevent POCSO case were baseless. The allegations against the agencies came in the wake of the Walayar rape and suicide of minor sisters and the Malappuram theatre incident in which the victim and the accused were from Thrithala in Palakkad. However, more focus on such programmes would be give to these areas along with Pattambi and Vallapuzha regions in the district from were several complaints of child abuse and child marriages have been brought up, the officials said.
