Thane court sentences two men to 20 years in prison for raping a minor girl in 2019

Thane: A court in Thane has sentenced two men, including a physically disabled man, to 20 years in prison for the rape of a 12-year-old girl in 2019, finding that they had ruined the child’s entire life, causing irreparable harm.

Special POCSO Court Judge Ruby U Malvankar also imposed a fine of Rs 26,000 each on the two accused in his verdict delivered on June 29. A copy of the verdict was made available on Wednesday.

The judge ordered that the amount of the fine be collected from the accused and paid to the victim as compensation. She also ordered that the judgment be forwarded to the District Legal Services Authority (DLSA) for payment of compensation to the victim.

Special Public Prosecutor Rekha Hiwrale told the court that the victim and her siblings were living with their grandparents in Kalwa area of ​​Thane city in Maharashtra state.

About the incident

In October 2019, the victim and her friend went to a park where one of the accused, now 24 years old, lured her under a pretext. He took her to the hut of the other 27-year-old accused, who is physically disabled, where he raped her and blocked her mouth when she raised the alarm. The accused also threatened to kill her and asked her not to tell anyone about the crime. Later, he also raped her several times after threatening her.

The girl filed a police complaint against the two on December 3, 2019, whereupon they were arrested.

Court convicts defendant under relevant legal provisions

The court convicted them under relevant laws, including the Protection of Children from Sexual Offences (POCSO) Act.

In her order, the judge said, “In view of the evidence presented by the prosecution, the involvement of both the accused in the commission of the said crime is clear and unequivocal.” The court said that while one of the accused was not personally involved in the commission of the “offence of sexual assault by penetration” on the victim, he did aid and abet the commission of this crime.

He took the victim to the other defendant’s hut each time, even though he knew that the other defendant would commit the “heinous crime” there, the judge said.

The defendant committed the crime despite his lameness and limp and inflicted bodily harm on the girl on more than one occasion, she said.

“In the light of the facts and circumstances of the case, the evidence presented and the arguments advanced, it appears that both the accused have committed a grave and heinous crime and ruined the entire life of a child who is barely 12 years old, causing irreparable harm that cannot be repaired in any way,” the court said.

At the same time, the fact that both defendants are young and one of them is also physically disabled are mitigating circumstances that must be taken into account when determining the sentence, it said.

“The court is therefore of the view that, in order to meet the ends of justice, the accused should be sentenced to the minimum term prescribed, along with a fine, rather than to life imprisonment or the death penalty,” the judge said.

Published on: Wednesday, July 3, 2024, 13:04 IST