New Delhi: A court here has sentenced a 44-year-old man convicted of raping his minor daughter to life rigorous imprisonment, saying the crime was so "diabolical" that it outweighed the mitigating circumstances.
It was also observed that the sentence of life imprisonment, without destroying the convict, besides acting as a general deterrent, would also serve the interest of justice and society.
Additional Sessions Judge Babita Punia was hearing a case against the man, who had earlier been convicted by the court under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offenses (POCSO) Act of rape.
"The diabolical nature of the crime and the fact that the victim was the daughter of the convict and was under his care and protection outweighs the personal circumstances of the convict," the court said.
“Life sentence will serve the interests of justice as well as society,” the court said in its April 22 verdict.Furthermore, it will not destroy the culprit, although it will serve as a general deterrent."
It said mitigating factors include the convict being the sole breadwinner of his family, which includes elderly parents, grandmother, wife and four children.
The court said, however, that aggravating factors included the victim being an "innocent and helpless child" who was repeatedly raped, following which she gave birth at the age of 17.
It observed that the victim's refusal to accept the interim compensation award in 2022 reflected the trauma she was going through.
“Considering the nature of the offence, the interest of society and the interest of the victim, I am of the view that the aggravating factors outweigh the mitigating factors,” the judge said.,
He said the convict failed to give any solid reason to the court for adopting a lenient stance.
The court sentenced the man to rigorous imprisonment for life under the POCSO Act provision, which means "imprisonment for the remainder of his natural life".
It also awarded a compensation of Rs 13 lakh for the relief and rehabilitation of the victim.
It was also observed that the sentence of life imprisonment, without destroying the convict, besides acting as a general deterrent, would also serve the interest of justice and society.
Additional Sessions Judge Babita Punia was hearing a case against the man, who had earlier been convicted by the court under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offenses (POCSO) Act of rape.
"The diabolical nature of the crime and the fact that the victim was the daughter of the convict and was under his care and protection outweighs the personal circumstances of the convict," the court said.
“Life sentence will serve the interests of justice as well as society,” the court said in its April 22 verdict.Furthermore, it will not destroy the culprit, although it will serve as a general deterrent."
It said mitigating factors include the convict being the sole breadwinner of his family, which includes elderly parents, grandmother, wife and four children.
The court said, however, that aggravating factors included the victim being an "innocent and helpless child" who was repeatedly raped, following which she gave birth at the age of 17.
It observed that the victim's refusal to accept the interim compensation award in 2022 reflected the trauma she was going through.
“Considering the nature of the offence, the interest of society and the interest of the victim, I am of the view that the aggravating factors outweigh the mitigating factors,” the judge said.,
He said the convict failed to give any solid reason to the court for adopting a lenient stance.
The court sentenced the man to rigorous imprisonment for life under the POCSO Act provision, which means "imprisonment for the remainder of his natural life".
It also awarded a compensation of Rs 13 lakh for the relief and rehabilitation of the victim.
