Palwal man sentenced to death for raping his minor daughter for 4 years | spcilvly

A fast-track court in Palwal on Saturday sentenced a 41-year-old man to death for continuously raping his minor biological daughter for four years, impregnating her and assaulting her.

The victim had filed a complaint on October 2, 2020.
The victim had filed a complaint on October 2, 2020.

Additional Special Sessions Court Judge (ASJ) Prashant Rana, who conducts trial of cases of sexual offenses against children under the Protection of Children from Sexual Offenses (POCSO) Act, in his October 7 order said that at Convict should be given extreme punishment if the minor children are to remain safe within their homes.

The victim had filed a complaint on October 2, 2020.

“A girl’s home and her father are the two safest refuges for her. The golden years of childhood are spent under the shelter of a father and the home of the child. To remain the safest refuges and to save the dignity of the society, the convict must be given an extreme death penalty. The protector has become a predator because of his sexual and mental perversions, to the point of blindness and bestiality. He deserves no mercy,” the judge said as he handed down the death sentence.

“He will be hanged by the neck until death, subject to confirmation of the sentence by the Punjab and Haryana High Court. He may file an appeal before the high court within 30 days,” the court ordered.

The court said the convict raped his minor daughter over a period of four years when she was 11 years old. “The convict used to assault and intimidate the victim and forcibly administered alcohol to her. The victim had no mother and the convict was the victim’s sole guardian who had been entrusted with her custody, safety and dignity. The victim became pregnant as a result of multiple rapes committed by the convicted man. The convicted man found out about the victim’s pregnancy. Later, he raped her again. “The victim gave birth to a girl because of the rape committed by the convict,” the court said.

The ASJ in the sentencing order said that considering the case from the parameters laid down in the Machi Singh case, the manner in which the crime was committed was extremely diabolical, brutal, grotesque and repugnant to the extent of arousing the extreme indignation of community. The motive for committing the crime shows total depravity and meanness. The victim was an innocent girl and the convict was in a position of domination and trust, besides being her biological father, the court said.

“When the youngest daughter became pregnant due to continuous rape, the convict suggested that they would get rid of the baby after it was born. This showed the convict’s deep-seated criminal instincts and intentions. Even after knowing that the minor is pregnant, he again attacked and raped her. The matter was reported only because the convicted person refused to terminate the minor’s pregnancy and raped her even knowing well that she was pregnant,” said the ASJ.

The court said that all these circumstances regarding the crime committed by the convicted person were totally unusual and made the sentence of life imprisonment inappropriate.

“The case falls into the category of the rarest of the rare. Further, due regard must be given to the legislative intent of the 2019 amendment to the POCSO Act. Acting on the collective will of the society, Parliament introduced the death penalty in cases of child rape where necessary,” the court said.

ASJ Rana said that the convict has not committed one particular aggravated penetrative sexual assault, but has committed multiple offences, in as many as seven different forms of aggravated penetrative sexual assault and also on innumerable occasions.

“The victim was raped continuously over a period of four years. The nights of pain, humiliation and loneliness that the victim went through cannot be counted. She was also forced to consume liquor and the convict beat her, so she remains terrified and continues to succumb to the convict. The convicted person committed these crimes for four years in a planned manner and in cold blood. He also immobilized the victim inside the house, so that no one would discover that the minor victim was pregnant. The victim had to suffer labor pains and she was forced to give birth to a child at the age of 16 against her will. The prisoner acted in the most barbaric and bestial manner under his perverse lust and did not spare his daughter. A single crime of aggravated penetrative sexual assault is punishable by death. In the present case, the convict has committed seven different forms of aggravated penetrative sexual assault as defined under Section 5 of the POCSO Act,” the court said. The special court also granted $10.5 lakh as compensation to the victim who is now above 18 years of age.

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