Three get 12-year rigorous imprisonment for raping minor

Ramkrishan Upadhyay

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Tribune News Service

Chandigarh, September 2

A Special Court has awarded 12-year rigorous imprisonment (RI) to three persons – Promod Kumar, Vikas Kumar and Ramu – for raping a minor girl in 2018. The court also imposed a fine of Rs20,000 on each accused. The trio will have to undergo RI for one more year in case of non-payment of the fine.

The court has also recommended the State Legal Services Authority (SLSA), Chandigarh, to pay a compensation of Rs2 lakh to the rape survivor.

The police initially registered a case against an unknown person on a complaint of the mother of the prosecutrix. In the complaint, the victim’s mother said when she brought her daughter to a government hospital for her check-up, the doctor disclosed that she was pregnant. On asking, the prosecutrix disclosed when she went to the bathroom one night, an unknown person came from behind and gagged her mouth. The person took her to a secluded place and raped her.

On the basis of the complaint, the police registered a case against unknown persons under Section 376 of the IPC and Sections 4 and 6 of the POCSO Act. When the police recorded her statement under Section 164 of the CrPC, the prosecutrix told that when she went to the bathroom, three accused raped her around two-three months ago. She alleged that earlier also they used to lure her with sweets and money and make her watch obscene movies on their mobile phones. She said due to the fear of her parents, she did not disclose the incident to anyone. All three accused were arrested on the basis of her statement.

Aborted foetus of the prosecutrix and blood samples of the victim and the accused were sent to the CFSL. After examining the CFSL reports and hearings the arguments and statement of the witnesses, the court held all accused guilty of offences under Sections 376 (2) (I ), 376(2) (n) of the IPC and Section 6 of the POSCO Act.

The court convicted all accused under Section 6 of the POCSO Act – 2012 to undergo rigorous imprisonment for 12 years and pay a fine of Rs20,000 each. In case of default of the payment, the accused will further undergo rigorous imprisonment for one year. The court also recommended a compensation of Rs2 lakh to the victim by the State Legal Services Authority, Chandigarh, under the victim compensation scheme.

Though all accused prayed for leniency, after hearing the arguments the court says “when such heinous crimes are proved, the victim looks upon the court as the saviour of her rights. The court will be failing in its duty if the offenders, who display such unscrupulous conduct, are shown any leniency.”