Palwal man gets death sentence for raping minor daughter for 4 years

The special court has also awarded ₹10.5 lakh as compensation to the victim; the convict used to assault and intimidate the victim, said the court

A fast track court in Palwal on Saturday sentenced a 41-year-old man to death for raping his biological minor daughter continuously for four years, impregnating her and assaulting her.

The victim had lodged a complaint on October 2, 2020.

The special court of additional sessions judge (ASJ) Prashant Rana, holding trials of cases of sexual offences against children under the Protection of Children from Sexual Offences (POCSO) Act in its October 7 order said the convict must be granted extreme punishment if the minor children are to remain safe inside their homes.

The victim had lodged a complaint on October 2, 2020.

“The home of a child and her father are the two safest refuges for her. The golden years of childhood are spent under the refuge of a father and the home of the child. If they are to remain safest refuges, and if the dignity of society is to be saved, the convict must be granted an extreme punishment of death sentence. The protector has turned into predator on account of his sexual and mental perversions, to the extent of blindness and bestiality. He deserves no mercy,” the judge said while handing out death sentence.

“He shall be hanged by neck till death, subject to the confirmation of the sentence by Punjab and Haryana high court. He can file an appeal before the high court within a period of 30 days,” the court ordered.

The court said the convict committed rape upon his minor daughter for a period of four years when she was 11-year-old. “The convict used to assault and intimidate the victim and forcibly administered alcohol upon her. The victim was motherless and the convict was the sole guardian of the victim entrusted with her custody, safety, security and dignity. The victim became pregnant on account of multiple rapes committed by the convict. The convict came to know about the pregnancy of the victim. Subsequent to that, he again committed rape upon her. The victim gave birth to a female child on account of rape committed by the convict,” the court said.

The ASJ in the sentencing order said considering the case from the parameters laid down in Machi Singh’s case, the manner of commission of the offence was extremely diabolical, brutal, grotesque and revolting so as to arouse, extreme indignation of the community. The motive of commission of offence evinces totally depravity and meanness. The victim was an innocent child and the convict was in a position of domination and trust and over her being her biological father, the court said.

“When the minor daughter became pregnant due to continuous rape, the convict suggested they would dispose the baby after it was born. This showed the deep-rooted criminal instincts and intents of the convict. Even after knowing that the minor child is pregnant, he again assaulted and raped her. The matter was reported, only because the convict refused for termination of pregnancy of the minor child and raped her even after knowing well that she is pregnant,” the ASJ said.

The court said all these circumstances about the crime committed by the convict were entirely uncommon and render the sentence of imprisonment for life inadequate.

“The case falls in the category of the rarest of rare. Also, the legislative intent of 2019 amendment in the POCSO Act is to be given due consideration. Acting on the collective will of the society, the Parliament introduced death penalty in cases of child rape where it is so required,” the court said.

ASJ Rana said the convict has not committed a singular aggravated penetrative sexual assault but has committed multiple offences, in as many as seven different forms of aggravated penetrative sexual assault and that too a countless number of times.

“The victim was continuously raped for a period of four years. The number of nights of pain, humiliation, and loneliness spent by the victim cannot be counted. She was also forced to consume liquor and was beaten up by the convict, so that she remains terrorised and keeps succumbing to the convict. The convict has committed these offences for four years in a pre-planned cold-blooded manner. He also restrained the victim inside the house, so that nobody discovers that the minor victim is pregnant. The victim had to suffer labour pains and was forced to give birth to a child at 16 against her wishes. The convict has acted in the most barbaric and bestial manner under his perverse lust and did not spare his daughter. A single offence of aggravated penetrative sexual assault is punishable with death. In the present case, the convict has committed seven different forms of aggravated penetrative sexual assault as defined under Section 5 of the POCSO Act,” the court said. The special court also awarded ₹10.5 lakh as compensation to the victim who is now 18 plus.