Noida: A special POCSO court on Saturday sentenced a Mainpuri resident to a life term in prison extending till the end of his natural life and imposed a fine of Rs 51,000 for raping his 7-year-old niece.Judge Kumar Gaurav observed that the evidence presented had proven the accused had gone into the minor’s room while her parents were not there and forced himself upon her. She was only saved after a distant relative heard her cries, took her away and informed her father. The minor’s father then registered a complaint at the Ecotech-III police station and the accused was booked under sections 376 and 452 of the IPC along with Section 5/6 of the Pocso Act.The judge declared the accused guilty of house trespass and rape, and also ordered that Rs 45,000 from the fine amount be given to the minor for her rehabilitation.“The accused’s act not only physically harmed an innocent girl but also caused her mental trauma throughout her life. The crime committed by the convict is so heinous and disgusting that it cannot be imagined in a civilised society. Any punishment given to such a person is less,” the court observed.The survivor was younger than 12 years old at the time of the incident in 2019. According to Section 376AB of the IPC (as amended in 2018), whoever commits rape on a woman under the age of 12 years shall be punished with rigorous imprisonment for a term which shall not be less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.During trial, the defence counsel argued that the survivor’s testimony was not enough to prove the incident, since no one other witness on record could corroborate it. He further said the minor’s father owed the accused some money and hence a false case was registered.Special public prosecutor Chavanpal Singh said the victim’s testimony was proven by medical and scientific evidence, and thus, the survivor being a tutored witness was completely eliminated.
