Paridhi Arya
Published on: April 12, 2022 at 15:59 IST
Special Judge HC Shende had pronounced Rigorous Imprisonment of 10 years and Fine of 15,000 to the Convict for the Offence under Prevention of Children from Sexual Offences Act (POCSO) and Indian Penal Code for Gang Rape of Unsound Minor Girl.
“Even in ordinary Criminal Terminology a Rape is a Crime more Heinous than Murder as it destroys the very soul of a helpless woman. In this matter the Minor Victim is slow witted girl,” the Court said.
There were two Accused but one of them died during the Pendency of the Trial but the Rape Survivor who is Minor Testified in the Court in against of the Accused.
The First Information Report which was filed by the mother of a Minor Claimed that two days before on separate occasions both the Accused took the minor with them and them in a deserted place Assaulted her Sexually.
“In my humble view, any respectable woman cannot put the honour of her family and character of her daughter at stake to Lodge False Case with the Allegations of rape on her own girl just to teach the lesson to the Accused person as her daughter is in love with one of the Accused who is no more alive,” Court explained.
“There is the Case where the Crime has been committed by the Accused not only delicts the Law but it has a deleterious effect on the Civilized Society…The Accused persons are from her area, knowing well about her abnormality…The gravity of the Crime, therefore, is increased,” it stated.
The Court denied Leniency to the Accused.
“In my considered view, there is no need to give consideration to the age, time span for which the perpetrator had undergone in Jail during Trial or his poor financial background. More particularly when the Offence the offence involving the Allegations of Sexual Assault/Rape on the Minor Victim Girls that too when the victims are abnormal girls, easily trusting the person nearby to whom they know” the Court stated.
The Conviction is made Under Section 6 of Prevention of Children from Sexual Offences Act (POCSO) and Section 376D of Indian Penal Code, Court sentenced him 10 years Imprisonment with 15,000 Rupees Fine out of which 10,000 will be Compensation to survivor.