A special court in Gujarat's Mehsana district has delivered a stern verdict in a disturbing case of child sexual abuse, sentencing two brothers to two decades behind bars. The court found them guilty of luring away and repeatedly raping a 16-year-old girl, highlighting the judiciary's firm stance on crimes against minors under the POCSO Act.
The Crime and Conviction
The primary convict, 24-year-old Narendrasinh Zala from Tejpura village, was found guilty of kidnapping the minor from her legal guardian's custody and sexually assaulting her. The court also convicted his 25-year-old elder brother, Dharmendrasinh Zala, for actively abetting the crime. The special POCSO court judge, S S Kale, handed down the sentence on Wednesday after a thorough trial.
The prosecution, led by Additional Public Prosecutor Rekha Joshi, presented a compelling case. They proved that Narendrasinh Zala lured the girl and took her to Rajkot, where he subjected her to repeated sexual assault. An FIR was initially registered at the Santhal police station on February 17, 2020, under relevant sections of the Indian Penal Code (IPC) including 363 (kidnapping) and 376 (rape), along with the stringent provisions of the Protection of Children from Sexual Offences Act.
The Court Proceedings and Evidence
During the trial, the prosecution left no stone unturned to secure justice for the victim. A total of 15 witnesses were examined, and 17 crucial pieces of documentary evidence were submitted to the court. This evidence was pivotal in establishing the guilt of the accused beyond reasonable doubt.
In their arguments for sentencing, the prosecution emphasized the heinous nature of the crime. They submitted that Narendrasinh Zala, fully aware of the victim's minor status, deliberately lured her away from safety. They also successfully argued that his brother played a significant role in facilitating the crime, warranting equal punishment for abetment.
Punishment and Compensation for the Victim
Accepting the prosecution's arguments for a harsh penalty, Judge Kale sentenced both brothers to 20 years of rigorous imprisonment. In addition to the prison term, the court imposed a fine of Rs 10,000 on each convict.
In a significant move aimed at providing some support to the survivor, the court ordered a compensation of Rs 50,000 to be awarded to the victim. This verdict underscores the legal system's dual focus on punishing the perpetrators and acknowledging the trauma suffered by the victim, offering a measure of restitution through monetary compensation.
The case serves as a stark reminder of the severe legal consequences for crimes against children in India. The successful prosecution, relying on witness testimony and documented evidence, demonstrates the effective application of the POCSO Act in securing convictions and delivering substantial sentences to those who exploit minors.
