
New Delhi: A 24-year-old man has been sent behind bars for 14 years for kidnapping
and raping an 11-year-old girl, with a Delhi court observing he
"ravished" a "helpless and naive" girl only to satisfy his lust.
The
court, while awarding the sentence, also empathised with the victim and
her family over delay in lodging FIR, saying "fear of society and
social stigmatisation" often puts people in a dilemma as to what should
be done.
"Convict was an adult at the time of commission of
offence having a thinking mind. And, therefore, ravishing a helpless and
naive 11 year-old victim only to satisfy his lust speaks volumes of his
perversity.
"I am, therefore, of the view that keeping in mind
the young age of the convict and the fact that he is not a previous
offender, maximum punishment may not be awarded. But seeing the gravity
of the offence and the tender age of the victim, he cannot be let go by
awarding only the minimum punishment," Additional Sessions Judge Seema
Maini said.
The court also imposed a fine of Rs 20,000 on Ram Prakash and awarded the girl a compensation of Rs 3 lakh.
Expressing
concern over sexual offences against children, the court said such
crimes leave deep scars on the victim which cannot heal with medical
aid.
"Sexual assault on a child leaves its deep-rooted scars on
the entire persona of the victim. These scars do not heal up ever
despite best medical aid. Below these scars get submerged all her past
and future joyous moments, her natural smile and happy disposition,
leaving the victim stuffed in her own self," the court observed.
It
said the Constitution guarantees Right to Equality to all the citizens
but it is unfortunate that the women who are the victim of sexual
assault or rape are subjected to social stigmatisation and forced to
make compromises in all spheres of life.
"The victim is often shunned by one and all, even close relatives and left to lead a life of isolation."
The court, which held the man guilty under the stringent
Protection of Children from Sexual Offences (POCSO) Act, also observed
that the delay of one day in lodging of the FIR on the part of the
victim and her family did not prove fatal to the case as there was a
proper explanation to it.
"It needs to be kept in mind that an
incident of sexual assault upon a young girl causes immense trauma not
just to the victim but her entire family and fear of society and social
stigmatisation often puts them under a dilemma as to what should be
done.
"The delay in the instant case having been cogently
explained by the family members of the victim is found to be believable
and therefore the delay of more than one day in lodging the FIR does not
prove fatal to the instant case," the court said.
While holding
him guilty, it also considered the victim's medical report and her
statement, besides the testimony of her sister and mother, saying they
were "reliable" and "inspired confidence".
"All the three
material witnesses come across to be very cogent and reliable witnesses
and the sequence of events narrated by them consistently and unbroken
chain of events inspire total confidence. The accused miserably failing
to shatter their consistent testimony," the court said.
According
to the prosecution, Prakash kidnapped the child when she was going
towards her home on December 30, 2015 from a local market in north
Delhi.
He took her to his house and gagged her mouth before
committing penetrative sexual assault on her, it said, adding she did
not inform her family immediately after coming back home but narrated
the incident as her sister inquired.
A police complaint was lodged on January 1, 2016 by her sister and the accused was arrested.
During the trial, Prakash denied the allegations and claimed he was falsely implicated.
He has been held guilty of offences under section 376 (2) (i) (rape on
an under-16 year-old girl), 363 (kidnapping) and section 6 (penetrative
sexual assault) of POCSO Act.
PTI