India News | Delhi court sentences man to 10 years in prison for raping minor in 2017

New Delhi, June 7 (PTI) – A court here on Friday sentenced a 49-year-old man to 10 years’ imprisonment for the forced marriage and rape of a minor in 2017. The court said the sentencing had to balance the twin objectives of deterrence and reform.

Additional Sessions Judge Ankit Mehta was hearing the case against the man who was convicted in April this year under the provisions of the Indian Penal Code (IPC) for rape, Section 6 (aggravated sexual assault with penetration) of the Protection of Children from Sexual Offences (POCSO) Act and Section 9 (punishment for marriage of child by adult male) of the Prohibition of Child Marriage Act.

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According to the prosecution, the convicted man had married the 13-year-old minor and had violent physical intercourse with her.

“While it cannot be denied that the victim has suffered mental trauma due to forced marriage and rape by the convict, this court also notes that the convict has two minor daughters, now aged 13 and 17, from his first marriage,” the court said.

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It said it was crucial that the underage girls were under the protection of their father, “not immediately, but perhaps later”.

The court also noted that the convict, who had been incarcerated for over six years, had no criminal history and his conduct in prison was satisfactory.

It said the sentence must be proportionate to several relevant factors, including the nature and gravity of the offence, the manner in which the crime was committed, the condition of the victim, the age of the convicted person and whether he or she is a habitual offender.

“There is no straitjacket for this and therefore both the aggravating and mitigating circumstances must be taken into account. In addition, the dual objective of deterrence and reform of the accused must be taken into account when determining the sentence,” the court explained.

It said that the punishment under the IPC was more stringent than that under the POCSO provision.

The court sentenced the convict to ten years imprisonment each for the offences of aggravated rape under Section 376(2)(i) of the Penal Code and repeated rape of the victim under Section 376(2)(n).

He was also sentenced to two years in prison under the Child Marriage Prohibition Act.

The sentences would be served concurrently, the court said.

The victim was also awarded compensation of Rs 105,000.

Previously, when sentencing the defendants, the court had stated that the prosecution had proven that the child was a “victim of circumstances” and had been forced into marriage by his maternal grandmother.

According to the victim’s statement, her father had abandoned the family, her mother was mentally disabled and was considered a “burden” in her maternal grandmother’s house.

“After my grandmother died, the villagers forced me to marry the accused against my will,” she said.

The victim stated that the accused had already been married twice. The first wife had died, while the second had left him.

“During the first two months after the accused took me to his village, he beat me mercilessly and forced himself on me, which I resented,” she said.

When the accused noticed unrest in the village, he took her to the capital where she was tortured again, the victim added.

Delhi Police had registered a case after being informed by local residents that the victim had been subjected to violence.

Later, the Delhi Legal Service Authority (DLSA) appointed advocate Virender Verma to provide legal assistance to the victim.

(This is an unedited and auto-generated story from the syndicated news feed. LatestLY team may not have modified or edited the content.)