May 02, 2024 06:48 AM IST
The man repeatedly raped his minor daughter in July last year, when her mother was away in the Gulf region for work
A Kerala court has sentenced a 40-year-old man to three life terms for repeatedly raping his six-year-old daughter last year, observing that the accused, who was supposed to “lead and protect” the survivor, had “put her into extreme miseries and trauma” and brought “disgrace to fatherhood”.
Thiruvananthapuram Fast Track Special Court judge R Rekha on Tuesday also awarded the man 21 years of imprisonment separately, under various provisions of the Protection of Children from Sexual Offences (Pocso) Act and Indian Penal Code (IPC), and imposed a fine of ₹90,000, saying a person who “dared to commit such heinous act is to be dealt with the iron hands of the law” and must undergo maximum punishment to send a “strong message to the society”.
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According to special public prosecutor (SPP) R S Vijay Mohan, the man repeatedly raped his minor daughter in July last year, when her mother was away in the Gulf region for work. The incident came to light after the survivor confided in her maternal grandmother who took her to a doctor, who, in return, advised them to approach the cops, Mohan said.
“Accused, who was the protector and sole comfort of PW (prosecution witness) 1 when her mother was away, committed the heinous act in total disregard of her tender age and his blood relation with PW1. The act of the accused brings disgrace to fatherhood,” justice Rekha said in her order, a copy of which was seen by HT.
“Accused, who was supposed to lead, protect and make PW1 evolve as a confident and responsible person, shattered her childhood and put her into extreme miseries and trauma,” she added.
The court also ruled that “mitigating circumstances pleaded by the accused are meant to invite mercy but the factual matrix does not allow this court to take a lenient view”.
“Accused who dared to commit such heinous act is to be dealt with the iron hands of the law. Maximum punishments provided under the statutes are to be imposed on the accused to deter the potential offenders from committing similar offence and to give a strong message to the society,” it said.
Mohan said the trial in the case began on March 29 this year and was completed within a month. During the trial, the survivor’s elder sister also said that their father often came home in an inebriated condition and misbehaved with her (elder sister).
The accused was awarded life imprisonment for each of the offences under sections 5(l) (penetrative sexual assault on a child repeatedly), 5(m) (penetrative sexual assault on a child below 12 years) and 5(n) (sexual assault of child by a relative through blood or adoption..) of the Pocso Act. He was also additionally awarded varying sentences under provisions of the Pocso Act and the IPC for a total of 21 years. Besides that, the court also imposed a fine of ₹90,000 on the accused, the prosecutor said.
All the punishments have to be undergone concurrently, he added.
