Protection Of Children From Sexual Offences (POCSO) Act, 2012

Rape worse than murder, destroys soul: POCSO court sentences man to 10 years in jail for rape of minor

Rape worse than murder, destroys soul: POCSO court sentences man to 10 years in jail for rape of minor

 The man  accused of raping a minor girl of an unsound mind.

 A special court in Mumbai recently found and sentenced a guy to ten years in jail for gang rape of a juvenile girl of unsound mind under the Protection of Children from Sexual Offences Act (POCSO Act) and the Indian Penal Code. [The State of Maharashtra vs Nilash Urade & Anr.].

 The crime committed  more horrible than murder, according to Special Judge HC Shende.

“Rape is a more horrific crime than murder, even in regular criminal parlance, since; it kills the soul of a vulnerable woman. The underage victim in this case is a sluggish young lady “According to the Court

*During the trial, the second accused died.

*The minor-survivor testified against the offender in court.

She claimed that; the two defendants  brought her to a deserted location twice in the two days leading up to the filing of the first information report (FIR).

They had disrobed themselves and her, she alleged, and then sexually abused her.

The survivor’s testimony was determined to be credible and admissible to the degree that both accused had led her to a deserted location with the goal of committing rape.

The defence claimed that; the case involved false implication, and that the survivor’s mother had falsely implicated the two defendants after discovering that the survivor  dating one of the defendants, Risa.

The youngster able to identify Nilash as an assailant and testify that Risa had since died, thus the Court dismissed these allegations. Shende believed it was implausible that the survivor’s mother would file a fake case.

“Any respectable woman, in my humble opinion, cannot jeopardise the honour of her family and the character of her daughter by filing a false case alleging rape on her own girl just to teach the accused a lesson because her daughter is in love with one of the accused who is no longer alive,” she explained.

Sunita Nandewar, the accused’s lawyer, asked the court to be kind in imposing the sentence because; of the accused’s age, the time he had already spent in jail during the trial, and his low financial situation.

The Court emphasised the social cost of terrible crimes like rape.

“There are instances where the accused  committed a crime that; not only violates the law but also has a negative impact on civilised society…

The defendants are from her neighbourhood and are fully aware of her condition…

As a result, the severity of the offence is elevated “it was stated

It therefore refused to show him any leniency.

“There is no need, in my opinion, to consider the perpetrator’s age, the length of time he spent in jail during the trial, or his financial situation. Especially when the offence involves charges of sexual assault/rape on underage victim girls, and especially when the victims are atypical girls who easily trust people they know.”

The Court sentenced; the accused to 10 years in jail and a fine of Rs.15,000 after finding him guilty of aggravated penetrative sexual assault under Section 6 of the POCSO Act and gang rape under Section 376D of the IPC. The survivor must get Rs.10,000 as compensation from the remaining funds.

 

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