Thane, A Thane court sentenced two men, including one with physical disability, to 20 years of rigorous imprisonment for raping a 12-year-old girl in 2019, observing that they ruined the girl's entire life, which is a harm irreparable.
POCSO Special Judge Ruby U Malvankar, in the order passed on June 29, also imposed a fine of Rs 26,000 on each of the two accused.
A copy of the order was made available Wednesday.
The judge ordered that the fine amount be recovered from the accused and paid to the victim as compensation.
She also ordered that the judgment be forwarded to the District Legal Services Authority (DLSA) for payment of compensation to the victim.
Special public prosecutor Rekha Hiwrale told the court that the victim and her siblings resided with her grandparents in Kalwa area of Thane city in Maharashtra.
In October 2019, the victim and her friend went to a park where one of the accused lured her under some pretext.
He took her to the cabin of the other accused, who is physically disabled, where he raped and gagged her when she raised the alarm. The accused also threatened to kill her and asked her not to inform anyone about the crime.
Later he also raped her on multiple occasions after threatening her.
The girl approached the police with a complaint against the duo on December 3, 2019, following which they were arrested.
The court convicted them under relevant legal provisions, including the Protection of Children from Sexual Offenses (POCSO) Act.
The judge in her order said: "In view of the evidence provided by the Prosecutor's Office, the participation of both defendants in the commission of said crime is distinct and clear."
The court said that while one of the defendants did not personally participate in the commission of the "crime of forcible sexual penetration
assault" on the victim, but rather instigated and assisted in committing such crime.
He each time took the victim to the other defendant's cabin, knowing that he would commit the "heinous crime," the judge said.
The accused, despite being lame and limping, committed the crime causing bodily injury to the girl on more than one occasion.
occasion, he said he.
"In light of the facts and circumstances of the case, the evidence provided and the arguments presented, it appears that both accused have committed a serious and heinous crime and have ruined the entire life of a child of barely 12 years old, which which constitutes irreparable damage that cannot be compensated in any way," the court said.
At the same time, the fact that both defendants are young and that one of them also has a physical disability are mitigating factors that must be considered when imposing the sentence, he said.
"Therefore, in the view of this court, instead of awarding life imprisonment or death, the accused should be given the minimum penalty prescribed along with fine and which should meet the ends of justice," he said. Judge.
POCSO Special Judge Ruby U Malvankar, in the order passed on June 29, also imposed a fine of Rs 26,000 on each of the two accused.
A copy of the order was made available Wednesday.
The judge ordered that the fine amount be recovered from the accused and paid to the victim as compensation.
She also ordered that the judgment be forwarded to the District Legal Services Authority (DLSA) for payment of compensation to the victim.
Special public prosecutor Rekha Hiwrale told the court that the victim and her siblings resided with her grandparents in Kalwa area of Thane city in Maharashtra.
In October 2019, the victim and her friend went to a park where one of the accused lured her under some pretext.
He took her to the cabin of the other accused, who is physically disabled, where he raped and gagged her when she raised the alarm. The accused also threatened to kill her and asked her not to inform anyone about the crime.
Later he also raped her on multiple occasions after threatening her.
The girl approached the police with a complaint against the duo on December 3, 2019, following which they were arrested.
The court convicted them under relevant legal provisions, including the Protection of Children from Sexual Offenses (POCSO) Act.
The judge in her order said: "In view of the evidence provided by the Prosecutor's Office, the participation of both defendants in the commission of said crime is distinct and clear."
The court said that while one of the defendants did not personally participate in the commission of the "crime of forcible sexual penetration
assault" on the victim, but rather instigated and assisted in committing such crime.
He each time took the victim to the other defendant's cabin, knowing that he would commit the "heinous crime," the judge said.
The accused, despite being lame and limping, committed the crime causing bodily injury to the girl on more than one occasion.
occasion, he said he.
"In light of the facts and circumstances of the case, the evidence provided and the arguments presented, it appears that both accused have committed a serious and heinous crime and have ruined the entire life of a child of barely 12 years old, which which constitutes irreparable damage that cannot be compensated in any way," the court said.
At the same time, the fact that both defendants are young and that one of them also has a physical disability are mitigating factors that must be considered when imposing the sentence, he said.
"Therefore, in the view of this court, instead of awarding life imprisonment or death, the accused should be given the minimum penalty prescribed along with fine and which should meet the ends of justice," he said. Judge.
