A Protection of Children against Sexual Offences Act (POCSO) court in Palwal sentenced a 38-year-old man to rigorous life imprisonment for raping his 12-year-old daughter in January 2021.
The court clarified that the life imprisonment granted to the convict shall be without any remission and he shall undergo rigorous imprisonment till his last breath. The court also granted a sum of ₹10 lakh to the victim as the final compensation as per the Victim Compensation Scheme, 2020.
The particulars of the accused have not being disclosed to protect the anonymity of the victim, as required under Section 33 (7) of the POCSO Act, since the accused is the father of the victim, said the judge.
In the sentencing order on Friday, the POCSO court said that the convict has committed rape upon his daughter, aged 12.5 years. “He has committed the most barbaric offence and breached the sanctity of the most pious relationship of father and daughter. He has caused permanent injury to the mental health of the victim, for her entire life. The victim would suffer permanent agony and trauma for the rest of her life,” said the order.
“Child rape cases are cases of perverse lust for sex where even innocent children are not spared in pursuit of sexual pleasure. There cannot be anything more obscene than this. It is a crime against humanity. Many such cases are not even brought to light because of social stigma attached thereto. Children need special care and protection. In such cases, responsibility on the shoulders of the courts is more onerous so as to provide proper legal protection to these children. Their physical and mental immobility call for such protection. Children are the natural resource of our country,” said additional sessions judge Prashant Rana in the sentencing order. The court said since the present case does not fall in the category of the rarest of rare, a death sentence is not warranted.
“Considering the circumstances of the present case, where a father has been committed rape upon his daughter, and striking a balance between the retributive, reformative and deterrent purposes of sentencing, the ends of justice would be met, only if punishment of rigorous imprisonment for remainder of his natural life is granted to the convict, so that no person dares to repeat such an offence, in which a child victim is raped in her own house, by her own father. In our society, a daughter is the most prized possession for the family and the daughters bring the spark of divine light and happiness, to our households. In our society, the fathers have a tradition of even staking their lives, if required, for the safety, dignity and honour of the daughters. If any offender tries to tarnish these traditional values of Indian society, the courts of law shall ensure that such like offender spends his entire life under incarceration, to repent behind the prison walls,” the order said.
{{/usCountry}}“Considering the circumstances of the present case, where a father has been committed rape upon his daughter, and striking a balance between the retributive, reformative and deterrent purposes of sentencing, the ends of justice would be met, only if punishment of rigorous imprisonment for remainder of his natural life is granted to the convict, so that no person dares to repeat such an offence, in which a child victim is raped in her own house, by her own father. In our society, a daughter is the most prized possession for the family and the daughters bring the spark of divine light and happiness, to our households. In our society, the fathers have a tradition of even staking their lives, if required, for the safety, dignity and honour of the daughters. If any offender tries to tarnish these traditional values of Indian society, the courts of law shall ensure that such like offender spends his entire life under incarceration, to repent behind the prison walls,” the order said.
{{/usCountry}}The court said the victim was subjected to aggravated penetrative sexual assault by her father. Untold pain, suffering and mental trauma has been caused to the victim. She deserves to be granted the maximum compensation. In the peculiar circumstances of the present case, court granted ₹10 lakh to the victim as final compensation. As per clause 11(2) of compensation Scheme, 20 per cent compensation amount or ₹200,000 will be disbursed to the victim’s mother.
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