Pune Court Delivers 20-Year Sentence in 2018 Minor Rape Case
In a significant verdict, the Special Judge (Pocso) Sucheta M Takalikar's court in Pune on Wednesday convicted and sentenced a 41-year-old casual worker to 20 years of rigorous imprisonment for the rape of a 13-year-old girl. The heinous crime occurred on an agri-tourism farm property under the Rajgad police jurisdiction in rural Pune back in November 2018.
Delayed FIR and Crucial Evidence
Police registered a First Information Report (FIR) in this connection on March 30, 2019, nearly five months after the incident, when the girl was discovered to be pregnant. Additional Public Prosecutor Arudhanti Brahme emphasized to TOI, "Despite the delay in lodging the FIR, we successfully proved the case through the victim's compelling testimony, medical evidence confirming the pregnancy, and a conclusive DNA report."
The victim's mother was employed at the farm property. On the fateful day of Diwali, the accused gagged the young girl and committed the sexual assault, as detailed in court proceedings.
Court's Reliance on DNA and Victim Testimony
The court placed substantial reliance on the DNA report, which explicitly stated that "the victim and the accused are concluded to be the biological parents of the baby of the victim." Furthermore, the court observed that the victim fully supported the prosecution's case, and her evidence was strongly corroborated by medical findings.
Addressing the delayed FIR, the court noted that the delay had been satisfactorily explained. "The girl consistently maintained that the accused threatened to kill her if she disclosed the incident to her parents. This explanation appears to me satisfactorily. Therefore, it cannot be said that delay in lodging FIR is fatal to the prosecution," the court remarked. Additionally, the victim's mother lodged the FIR immediately after the incident came to light upon discovering the girl's pregnancy.
Legal Charges and Sentencing
The court found the accused guilty of offenses punishable under:
- Section 376-3 of the Indian Penal Code (IPC) for rape on a person less than 16 years of age
- Section 506 of the IPC for criminal intimidation
- Sections 4 and 6 of the Protection of Children from Sexual Offences (Pocso) Act
However, the court preferred sentencing the accused under the IPC sections. In addition to the 20-year rigorous imprisonment, the court ordered that Rs 10,000 be paid to the survivor after recovery of the fine from the accused.
This case underscores the judiciary's commitment to delivering justice in child sexual assault cases, even when faced with delays in reporting, through robust evidence like DNA testing and victim corroboration.
