Child in conflict with law gets 20-year jail for minor’s rape

Tribune News Service

Chandigarh, August 23

Dr Yashika, Judge, Fast Track Special Court, Chandigarh, has sentenced a child in conflict with law (CCL) to undergo 20 years of imprisonment in a case registered under the Protection of Children from Sexual Offences (POCSO) Act two years ago. The court also imposed a fine of

Rs 1.10 lakh on the convict.

As per the Juvenile Justice Act, the CCL refers to a child who is accused or found to have committed a crime and is under 18 years of age at the time of the commision of the offence.

The police had registered the case on July 9, 2022, under Sections 376(2)(n), 376(3), 376-D and 506, read with Section 34 of the IPC and Section 6 of the POCSO Act on the complaint of the victim, who too was minor.

The complainant had stated that in January/February, a juvenile came to her house and developed forcible physical relations with her. He threatened to kill her if she disclosed the incident to anyone.

After some days, the juvenile brought his cousin, the accused CCL, who also developed forcible physical relations with her. They both later violated her several times and as a result of it, she became pregnant. She narrated the entire incident to her mother.

During the course of investigation, the juvenile and the CCL were apprehended. The CCL as well as the victim were medically examined. Their samples were sent to the forensic laboratory.

Finding prima facie case, the charges against the accused CCL were framed to which he pleaded not guilty and claimed trial.

The counsel for the accused argued that the CCL was falsely implicated. He said the forensic report also not confirmed that the accused committed the rape. However, the Special Public Prosecutor for the State stated that the victim had identified the accused in the court and she was also consistent in the testimony.

After hearing of the arguments, the court convicted the accused under Section 6 of the POCSO Act and sentenced him to undergo 20 years of imprisonment while observing that the negative forensic report was not a clean chit to the accused. The court has also recommended to the District Legal Service Authority to give Rs 5 lakh compensation to the victim.