Chandigarh man gets life term for man who raped teen stepdaughter
Besides charges of rape under Section 376 (2) (f) and 376 (2) (n) of the Indian Penal Code (IPC), the court also convicted the accused of wrongful confinement, causing harm by feeding poisonous substances, causing miscarriage and criminal intimidation under Sections 342, 328, 312 and 506 of IPC, respectively
A Burail resident who repeatedly raped his 16-year-old stepdaughter and forced her to undergo abortion in 2022 has been sentenced to life in prison by a fast-track POCSO court.
The court of judge Yashika also slapped a fine of ₹1.17 lakh on the convict.
Besides charges of rape under Section 376 (2) (f) and 376 (2) (n) of the Indian Penal Code (IPC), the court also convicted the accused of wrongful confinement, causing harm by feeding poisonous substances, causing miscarriage and criminal intimidation under Sections 342, 328, 312 and 506 of IPC, respectively.
As per prosecution, the Burail man was booked on November 4, 2022, by the police of Sector 34 station after the minor girl was found pregnant and it came to light that the accused gave her medicine to abort the foetus, which worsened her condition.
While passing the verdict, the court relied on clinching evidence as it was proved that the accused stepfather was the biological father of the foetus, which was found buried on the hospital premises.
This foetus was later recovered and the forensic report had confirmed that the accused was the biological father.
The victim’s father by birth had died 12 years ago and her mother married her brother-in-law. But due to estranged relations, she started living separately. The minor girl, a Class 10 student, used to go to her stepfather’s place to meet her siblings and relatives.
According to her complaint, her stepfather started forcing her to have physical relations in July 2022. He threatened her and also gave her intoxicating medicines. When she became pregnant, he gave her medicines for abortion. Her mother noticed her bleeding heavily and took her to the hospital, where she buried the foetus on the hospital premises.
After the case was registered, the foetus was exhumed and it was proved through DNA test that the accused was the biological father.
During the trial, the minor girl told the court that the accused developed forcible physical relations with her by administering sedative medicine to her and whenever she refused to consume it, he used to threaten her with iron rod and also hit her near the eye with it.
He also restrained her from informing her mother, forcing her to keep the mobile phone on speaker whenever she spoke to her mother. When she tried to confide in her grandmother, she did not trust her, she told the court.
‘Courts must hear loud cry for justice’
“The sentencing courts are expected to consider all relevant facts and circumstances being on the question of sentence and proceed to impose a sentence commensurate with the gravity of the offence. The courts must hear the loud cry for justice by society in such cases and the court should respond by imposition of the proper sentence. The court is required to be sensitive towards the silent cries of society and a balance has to be struck by the court between the rights of the accused/convict and the cries of the prosecutrix/victim,” said the court.
“In the present case accused had shown his wicked and evil mind by subjecting his step-daughter to penetrative sexual assault. He is liable to be punished sternly,” it further remarked.
While handing out the sentence, the court observed that considering the plea of convict, age of victim and necessity of harmonious construction between deterrence against crime viz-a-viz approach of punishment, the hand of justice need not be tempered with mercy in such cases.
Accordingly, the convict was sentenced to life in prison. As the verdict was pronounced, the convict folded his hands before the court and pleaded for leniency.
