A special POCSO court in Noida on Saturday sentenced a Mainpuri resident to life imprisonment extending till the end of his natural life and imposed a fine of Rs 51,000 for raping his 7-year-old niece. Judge Kumar Gaurav noted that the evidence proved the accused entered the minor’s room while her parents were absent and forced himself upon her. The child was rescued after a distant relative heard her cries, took her away, and informed her father.
Case Details
The minor’s father lodged a complaint at the Ecotech-III police station, leading to the accused being booked under Sections 376 and 452 of the Indian Penal Code (IPC) along with Section 5/6 of the Protection of Children from Sexual Offences (POCSO) Act. The court declared the accused guilty of house trespass and rape, and ordered that Rs 45,000 from the fine be given to the minor for her rehabilitation.
Court’s Observations
“The accused’s act not only physically harmed an innocent girl but also caused her mental trauma throughout her life. The crime committed by the convict is so heinous and disgusting that it cannot be imagined in a civilised society. Any punishment given to such a person is less,” the court observed. The survivor was under 12 years old at the time of the incident in 2019.
Under Section 376AB of the IPC (as amended in 2018), whoever commits rape on a woman under 12 years shall be punished with rigorous imprisonment for at least 20 years, which may extend to imprisonment for the remainder of that person’s natural life, and with fine, or with death.
Defense Arguments Rejected
During the trial, the defense counsel argued that the survivor’s testimony alone was insufficient to prove the incident, as no other witness could corroborate it. They also claimed that the minor’s father owed the accused money, leading to a false case. However, special public prosecutor Chavanpal Singh countered that the victim’s testimony was supported by medical and scientific evidence, eliminating any possibility of the survivor being a tutored witness.
Rehabilitation Order
The court directed that Rs 45,000 from the fine be allocated for the minor’s rehabilitation, acknowledging the severe physical and psychological harm inflicted upon her.
