53-year-old gets 17-year jail for raping minor daughter

On December 19, 2016, the accused again went to the house of the complainant and she was bleeding. When the complainant asked her to go back to her house, she refused and narrated the entire ordeal to her.

Mumbai: A special POCSO (Protection of Children from Sexual Offences Act) court on Thursday sentenced a 53-year-old Andheri resident to 17 years imprisonment for sexually assaulting his 13-year-old daughter for around two years.

The accused on the other hand claimed that he had beaten her, as she had stolen ₹500 from his pocket and his two sons had seen her taking the money. He had claimed that a false case was registered at the instance of the maternal family of his deceased wife against him as he got married after the death of his previous wife. (Image for representation)

“The accused is aged about 53 years and has a wife and four children but the same cannot be the mitigating circumstances as the offences committed by the accused are neither under duress nor on the provocation on the part of the minor but the accused committed such offences with his minor daughter when he was her custodian and had to take care of her but he did such heinous offence with her by which the accused is not entitled to the lenient,” said additional sessions judge AZ Khan while sentencing the man.

The accused was staying with his family in Andheri. He had two sons and one daughter from his first wife. He later married the niece of the complainant. After the death of the niece, the accused married again and was lately residing with his third wife, his children from earlier wives and two children from the third wife.

As per the prosecution case, on December 16, 2016, the survivor went to the house of the complainant with her hands tied. The complainant alleged that the girl was frightened. She claimed after comforting her and feeding her she was sent back.

On December 19, 2016, the accused again went to the house of the complainant and she was bleeding. When the complainant asked her to go back to her house, she refused and narrated the entire ordeal to her.

The family immediately lodged a complaint with DN Nagar police station and set the criminal law in motion.

In her testimony before the court, the minor girl claimed that the accused used to assault her as she objected to his sexual advances.

The accused on the other hand claimed that he had beaten her, as she had stolen ₹500 from his pocket and his two sons had seen her taking the money. He had claimed that a false case was registered at the instance of the maternal family of his deceased wife against him as he got married after the death of his previous wife.

The court rejected his defence and said that the evidence of the girl was cogent and convincing. Holding the man guilty of offences that he was charged with, the court observed, “the accused has committed the rape over her minor victim daughter and beat as well as threatened her if she disclosed the said fact which makes the offence more serious as he is the custodian and guardian of the minor victim being the father but he did such heinous offence with her.”