26-year-old convicted of raping a 4-year-old girl, gets 20 years’ in jail

She had gone to play on the terrace of a house owned by a man named Brhamjeet. Brhamjeet’s son Mohan, who was 20 years old at the time, caught hold of the child and raped her

A Pocso (Protection of Children from Sexual Offences) court in Greater Noida on Tuesday sentenced a 26-year-old man to 20 years’ rigourous imprisonment and imposed a fine of ₹50,000 for raping a four-year-old girl in 2019, prosecution officials said.

Court relied on the testimonies of the prosecution and convicted the accused. It said the accused has not only committed a social crime of extremely heinous nature with the minor victim, but has also committed a crime which brings shame to society.

Chavanpal Bhati, special public prosecutor, said the incident happened in a village under Rabupura police station jurisdiction when the victim was playing on the terrace of the suspect’s home in the neighbourhood.

“The child lives with her family members in Rabupura area where her father runs a grocery store. She had gone to play on the terrace of a house owned by a man named Brhamjeet. Brhamjeet’s son Mohan, who was 20 years old at the time, caught hold of the child and raped her,” he said.

The victim returned home and narrated the ordeal to her mother who filed a case with the police. Police arrested the suspect the same day. He was produced before the court and sent to judicial custody.

The prosecution produced six witnesses, including the victim, her parents, the doctor who performed her medical examination and investigating police personnel.

During the trial, the victim’s mother told the court that the child was crying when she returned home. “She said that Mohan tore her clothes and raped her,” she told the court.

The victim’s father said he had visited the suspect’s house and confronted him over the issue that day. “The suspect and his family members started verbally abusing us. Following this, we called the police,” he said.

Dr Samola, who performed the victim’s medical examination, in her report said the victim had no injury marks. “The victim’s hymen was intact and there was no damage,” she said. The accused’s counsel Rajesh Singh argued that as the medical examination did not confirm rape, his client should be acquitted.

However, the court said the complainant and the victim herself stated that she has been raped. The court referred to the Pocso Act which states that whoever touches the private parts of a child with sexual intent, which involves physical contact without penetration, is also considered a sexual assault.

Chandra Mohan Shrivastava, special judge, Pocso court, relied on the testimonies of the prosecution and convicted the accused. “The accused has not only committed a social crime of extremely heinous nature with the minor victim but has also committed a crime which brings shame to the society. Mohan is sentenced to 20 years of rigorous imprisonment and fined ₹50,000 under Section 6 of the Pocso Act. The sum of the fine should be given to the victim as compensation,” the court said.