A fast-track court in Panaji, Goa, has delivered a stern verdict, sentencing a 46-year-old father to 10 years of rigorous imprisonment for the repeated rape of his own daughter, who has disabilities. The court also imposed significant fines for the heinous crimes committed against the vulnerable child.
Court Imposes Stringent Sentences Under Multiple Acts
Presiding Officer Durga V Madkaikar of the Fast Track Special Court (POCSO) in Panaji pronounced the sentence, detailing the punishments for each offence. The primary conviction under the Protection of Children from Sexual Offences (POCSO) Act resulted in the 10-year rigorous imprisonment term and a fine of Rs 50,000.
For using criminal force to outrage the girl's modesty, the court added a further five years of rigorous imprisonment and a Rs 25,000 fine. In a significant application of the Rights of Persons with Disabilities Act, 2016, the judge also sentenced him to five years of simple imprisonment with a Rs 10,000 fine for targeting a person with disabilities.
The court ordered that all sentences would run concurrently. It also directed that the 2 years and 4 months the convict had already spent in custody be set off against his total sentence.
Chilling Details of Abuse Emerge Through Video and Testimony
The case came to light after the girl's mother approached the police with a damning video evidence. The mother, who had left Goa for employment due to the father's failure to provide for the family, was shown a video via WhatsApp by a relative. The footage captured the father assaulting their daughter.
Upon returning to Goa, the mother confronted her daughter, who then revealed the horrific extent of the abuse. The child disclosed that her father had raped her multiple times and had threatened to beat her if she told her mother after she left again for work.
The mother's complaint to the police was supported by the video. In her testimony, which the court found unshaken, she detailed constant financial strife and physical assaults by her husband, who was also an ex-convict. Public Prosecutor A Mendonza strongly argued for no leniency, emphasizing that the offences were committed against his own daughter.
Court Cites Heinous Nature of Crime, Denies Leniency
In the sentencing remarks, Judge Madkaikar noted the convict's age and maturity at the time of the crime, stating he was fully aware of the consequences. The court underscored the heinous nature of sexually assaulting one's own child, a factor that aggravated the crime.
The judge considered the vulnerability of the victim, who has disabilities, and the breach of trust inherent in a father-daughter relationship. The application of the Rights of Persons with Disabilities Act, 2016, highlights the legal system's recognition of the enhanced protection required for persons with disabilities.
The investigation in the case was led by officers Prashant Bhagat and Varshada Naik Dessai. The court's decision sends a strong message about the severe consequences of crimes against children, especially those perpetrated by guardians and targeting individuals with disabilities.
