Khushi Gupta
Published on: April 6, 2022 at 17:51 IST
A Special Court in Mumbai Convicted and Sentenced a 37-year-old man to 25 years in Jail for Offences under the ‘Protection of Children from Sexual Offences Act’ (POCSO Act) after he was found Guilty of raping his adolescent daughter multiple times.
Special Judge Bharti Kale was of the opinion that the accused did not deserve Leniency for his Heinous Crime.
“A father lays a foundation of Security, Trust and Love. A father makes his daughter’s life safe and protect her from getting hurt. But Victim’s father himself has caused immeasurable pain to her…. The Accused does not deserve much Leniency as Offence committed by him is Heinous which affects the fabric of life,” the Court said.
Special Public Prosecutor SS Joshi appeared for the State. The Prosecution claimed that the 13-year-old girl lived with her grandparents, uncle, father, and two younger siblings. The mother and father were separated.
This incident came into light in May, 2021 when the grandmother questioned the girl for her missed menstrual cycles. The girl then stated that she had been Sexually Assaulted by her father from last one year, at least 5 times.
Advocate Vasant Prabhu, represented the accused. He said that the place was very tiny and the Crime could not have been committed there. As the girl was stopped by her father for conversing with her male best friends, the Bogus Case was filed by them, the Lawyer added.
The Judge stated that she was Sexually Assaulted by someone in authority on whom she was reliant. It added that just because the living space was tiny did not mean that such activities cannot be pursued.
“The Victim’s failure to raise shouts is mainly for the reason that there is fear in the mind of children that if a close relative commits such nature of acts, then what will happen to their life if they resist as the uncertainty of future loom large in their mind. Such kind of fear is real when the children are not protected in their own house and they are,” the Court said.
“This fear of children is not addressed as they do not know that how they will be protected and cared for as they are not aware that they will get a shelter and an opportunity to lead a normal life,” the Court observed.
The man was sentenced to 25 years of Imprisonment along with a fine of Rs. 20,000 to be paid as Compensation.