Pune Court Imposes 20-Year Rigorous Imprisonment for Heinous Rape of Minor Nieces
In a landmark judgment underscoring zero tolerance for crimes against children, the court of additional sessions judge Dilip P Ragit in Pune has convicted and sentenced a dairy farm owner from Purandar to 20 years of rigorous imprisonment. The conviction pertains to the repeated rape and aggravated sexual assault committed on his two nieces, aged 13 and 14 years, between January and November 14, 2020.
Gruesome Crimes Committed in Lodges Under Police Jurisdiction
The horrific incidents occurred in a couple of lodges located in Uruli Devachi, which falls under the Loni Kalbhor police area. The court found the accused guilty of offences under both the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. Specifically, the charges involved repeated rape and aggravated penetrative sexual assault on women below the age of 16 years by a relative or a person in authority. These legal provisions mandate a minimum sentence of 20 years in jail, which the court strictly imposed.
Background and Unfolding of the Tragic Case
According to the case presented by special prosecutor Arundhati Brahme, the mother of the two minor rape survivors had begun living with her stepsister and the latter's husband, the accused, in Katraj approximately four years prior to the crimes. This arrangement was due to frequent quarrels with her own husband. Later, she and her husband, along with their two daughters, relocated to a house in Uruli Devachi. The accused and his wife would visit them regularly during this period.
The prosecution detailed that the accused would deceitfully take the two minor girls out on various pretexts, subsequently sexually assaulting them in lodges within Uruli Devachi. The harrowing ordeal came to light when one of the rape survivors courageously narrated her suffering to her maternal aunt, who is her mother's real sister. Promptly, the Loni Kalbhor police registered a First Information Report (FIR) on November 21, 2020, based on a formal complaint lodged by the mother of the survivors. A chargesheet was filed on January 20, 2021, initiating the legal proceedings.
Court's Assessment of Evidence and Witness Testimonies
Judge Ragit meticulously evaluated the evidence, concluding that the testimonies of the rape survivors were strongly corroborated by their mother, maternal aunt, and the medical practitioner who examined the girls. In addition to these three key witnesses, the court noted that evidence provided by the lodge owner, the registrar of births and deaths, a panch witness, and the investigating officer was "consistent, corroborative to each other, free from infirmities and inconsistencies, and inspiring the confidence".
The court emphasized that this collective evidence was sufficient to conclusively prove the offences of penetrative sexual assault and rape committed by the accused on the two minor survivors. It further observed that the accused, being a relative in a position of trust, had egregiously breached that trust, exacerbating the gravity of the crimes.
Legal Charges and Sentencing Details
The court convicted the accused for multiple offences under the IPC and POCSO Act, including:
- Section 376-2(f) of the IPC: rape by someone in a position of power or trust over the victim.
- Section 376-2(n) of the IPC: rape repeatedly on the same woman.
- Section 376-3 of the IPC: rape on a woman under 16 years of age.
- Section 506 of the IPC: criminal intimidation.
- Sections 3, 4, 5(l), and 6 of the POCSO Act, which address sexual assault and aggravated penetrative sexual assault on children.
In addition to the 20-year rigorous imprisonment, the court imposed a fine of Rs 30,000. The accused has been in jail since his arrest on November 21, 2020. The court directed that the period of detention undergone by the accused during the trial be set off against the total sentence, ensuring no undue leniency in the punishment.
This judgment serves as a stern reminder of the judiciary's commitment to protecting minors and delivering justice in cases of sexual violence, particularly when perpetrated by those in positions of familial trust.
