MP: 14-yr-old boy sentenced after 7-hr trial for rape of minor

 In an extra-ordinarily fast-paced trial, a juvenile court here convicted and sentenced within seven hours a 14-year-old boy on charges of raping a minor girl.

Juvenile Justice Board Judge Tripti Pande awarded two years’ imprisonment to the accused yesterday after wrapping up the trial in seven hours, government advocate Deependra Malu said today.

The crime took place on August 15 and the entire process, from registration of the case to pronouncement of judgement, was completed in five days, police said.

“The case diary was submitted in the court at 10.45 am yesterday and the judgement, after trial, was pronounced around 6 pm,” Malu said.

“This is probably for the first time, after the Protection of Children from Sexual Offences (POCSO) Act came into effect in 2012, that a judgement in a rape case of a minor has been given in such a short duration,” he said.

While pronouncing the sentence, Malu said, the judge observed, “The tendency of sexual offences against children is rising at a fast pace in society. To correct such a perverted psychological condition, this boy needs to be sent to two years’ imprisonment.” 

The court ordered sending the boy to a remand home in Madhya Pradesh’s Seoni district for serving the sentence.

Ujjain Superintendent of Police Sachin Atulkar said the girl was playing with other children on August 15 at the residence of the accused at Ghatiya village in the district when the boy, taking advantage of the situation, raped her, 

The victim later disclosed the incident to her parents who filed a complaint at the Ghatiya police station.

Atulkar formed a team to probe the case and the boy was subsequently nabbed from his relative’s place in Rajasthan and brought back to Ujjain.

The sentence was awarded under relevant sections of the Indian Penal Code and the POCSO Act, he said.

Atulkar said the judgement will send a positive message among citizens.

Man gets lifer in a month for raping minor

In a swift judgement, a man was today sentenced to life imprisonment by a court here for raping a five-year-old girl at Singhaul village in Begusarai district last month.
Begusarai Sessions Judge Parshuram Shukla sentenced Pappu Tanti to life imprisonment and imposed Rs 20,000 as fine on him for raping the minor on April 10.

The victim’s father lodged a case on April 15 following which Tanti was arrested from Kanpur on May 2.

The accused was produced before the Begusarai court on May 3 and chargesheet against him was submitted the very next day.

The court held hearings on a daily basis and pronounced the quantum of punishment this afternoon after holding him guilty yesterday.

Man gets death penalty for killing three siblings

A local court has awarded death penalty to a man for abducting and killing three three minor siblings in February 2011 in Ratnapur town of the district here in Bilaspur.

First additional district and sessions judge Neeta Yadav yesterday sentenced – Manoj Suryawanshi – to death for abducting and killing the children from his neighbourhood.

According to police, Suryawanshi had kidnapped his neighbour Shivlal Dhivar’s children – Vijay (8), Ajay (6) and Sakshi (4)- on February 11, when they were returning from school.

The accused took them to a nearby field where he killed them by hitting them with stones.

He was arrested the next day. According to prosecution, the accused committed the crime to take revenge against Shivlal’s brother Shivnath. Suryawanshi believed that his wife had eloped with Shivnath.

Court lets off man accused of raping neighbour

A man accused of raping a 14-year-old neighbour has been let off by a fast track court which noted that his medical examination did not find him “competent” of establishing physical relationship.
The court also relied upon the girl’s medical report which did not prove that she was raped.

“In the MLC of accused there was no observation that the accused was competent to have sexual intercourse,” Additional Sessions Judge T R Naval noted.

The prosecution case was that on November 7, 2011, the girl’s mother lodged a complaint with the police that her daughter has gone missing and she doubted that an unknown person has enticed her daughter.

The woman herself produced her daughter at the police station the next day where the girl gave statement that she was in love with accused Chuttan and they had decided to elope as her parents were against their relationship.

The girl said the accused, however, had left her at Khajuri Khas and fled.

But later in the court, she declined that she had stated to the police that she was in love with the accused. When the accused was produced in the court, the girl said she did not recognise him.

The judge declared the girl hostile and acquitted the man in the absence of any other convincing evidence against him.

Man gets 8 years RI for abduction, rape of minor

Eight years of rigorous imprisonment has been awarded by the Delhi High Court to a man who has been sentenced to an abduction-cum-rape case, which termed the minor victim’s testimony as “consistent” and “truthful”.

The special fast track court, constituted to try cases of sexual offence against women, also imposed a fine of Rs 20,000 on Rakesh, a resident of Jaunpur in Uttar Pradesh.

“While considering and analysing the entire prosecution evidence, this court has come to the conclusion that all the oral, circumstantial and scientific evidence has proved that the accused Rakesh committed offence of kidnapping/abduction or inducing a woman to compel her marriage, etc and committed sexual intercourse with the prosecutrix forcibly against her will,” additional sessions judge TR Naval said.

The judge said out of the fine amount, Rs 10,000 will be paid to the victim as compensation.

According to police, an FIR was lodged by the girl’s mother alleging that when they had returned home here on September 23, 2006, their 15-year-old daughter was not present and they later came to know that their neighbour Rakesh had taken her with him. Police arrested Rakesh near New Delhi railway station and rescued the girl from him.

The girl had told the court that on September 23, 2006, Rakesh came to her house when her parents were not there and told her to accompany him to his village on the pretext that he would take her to various places.

Rakesh took her to his village and raped her, she said, adding that on her insistence, he brought her to Delhi where police arrested him.

During the trial, Rakesh said that on September 23, 2006, the girl had arrived at his factory at Vishwas Nagar here and thereafter they went to his village in Uttar Pradesh.

The defence counsel argued the girl’s statement was not reliable and Rakesh was falsely implicated in the case. The court, however, held Rakesh had admitted that he went with the girl and was apprehended by police when she was with him.

It rejected the submission of the defence counsel saying there was no evidence on record to show any motive or reason for the girl to depose falsely against Rakesh.

“I find that her (victim) testimony is consistent and beyond creating any reasonable suspicion and shadow of doubt in the truthfulness of her testimony. Similarly, there is no inconsistency in the statement made before this court and the statement given by the prosecutrix before the police,” according to the judge.

Man given seven-yr RI for abduction, rape of minor

Man who has abducted and raped a minor girl in 2007, the family of the 25-year-old accused Santosh Bhausaheb Pawar had immediately sprung into damage control mode.

In exchange for withdrawing the case, the victim was given the offer of marrying the same man who raped her. He had also offered to transfer three acres of land he owned in her name. However, the victim’s refusal to budge has landed Pawar in jail for seven years.

Principal District and Sessions Judge A I S Cheema found Pawar guilty of abducting and raping the 15-year-old girl and keeping her captive in a farm for three days after the act. Judge Cheema on Tuesday sentenced Pawar to seven years of rigorous imprisonment and directed him to pay a fine of Rs 25,000.

Both Pawar and the girl are residents of Bhambarde village of Shirur taluka and knew each other. On April 3, 2007 the victim and her friend had ventured into the village where they met Pawar. When they were returning home a few hours later, the victim’s uncle Dyaneshwar Mhaske had spotted the girls and offered to drop them home on his motorbike.

While her friend agreed, the victim refused her uncle’s offer. Meanwhile, Pawar also arrived at the spot on his motorbike and offered a lift to the victim and she agreed.

However, instead of dropping her home, Pawar took her to the Chaskaman canal and raped her in one of the cement pipes lying at the bank. He then forcibly took her to a nearby farm and confined her there, threatening to hurt her and her family members if she protested.

For three days the victim was held at the farm, with Pawar making frequent visits to the place before she found her way home on April 6. Her family had meanwhile lodged a missing person’s complaint and after her father Bhausaheb Shivram Mhaske learnt of the rape, filed a complaint of rape, abduction, wrongful confinement and criminal intimidation.

“The accused had alleged that the girl had consented to the act, but as she was below 16 years of age, he is liable to be imprisoned after being found guilty,” according to the Additional Public Prosecutor Hira Bari.

“That the family of the accused made an offer of marriage and land reflects a guilty conscience and an attempt to tamper with evidence. This was accepted as a valid argument by the court,” added Bari who had examined eight witnesses during the trial.

Brothers arrested for raping minor sent to JC

A youth and his cousin have been remanded in judicial custody for 14 days who were arrested for allegedly raping a 17-year-old girl since December 2011 after befriending her on a social networking site.

Metropolitan Magistrate Gaurav Rao sent 24-year-old Rajesh Singh and his cousin Naveen Singh, 22, arrested on the night of December 31, 2012 by Delhi police to Tihar jail under judicial custody till January 15.

“Both the accused are remanded to 14 days judicial custody. Accused be produced on January 15,” according to the court, while sending the two to Tihar jail on Tuesday.

The police had sought their judicial custody for 14 days saying the investigation in the case is yet to be completed.

“It is, therefore, requested that accused persons may kindly be remanded to 14 days judicial remand, for completion of investigation in the same case,” the police had added.

The agency had told the court that the girl had met Rajesh through a social networking site at the end of 2011 and they were in a relationship till July 2012 when they broke up.

Rajesh’s cousin Naveen, however, befriended the girl to restore their friendship but himself fell in love with her, the police said adding the two entered into a relationship.

However, after Rajesh found about their relationship, Naveen broke up with the girl and she went into depression and on December 31, 2012 she lodged an FIR accusing them of raping her since December 2011, the police told the court.

While Naveen is a computer engineer with an IT company, Rajesh works in the human resources department of a blue-chip technical and consultation multinational firm.

The two have been booked under sections 376 (rape), 509 (making gestures with an intent to insult a woman), 34 (common intention) of the IPC and under the Protection of Children from Sexual Offences Act, 2012.

HC upholds 7 yr sentence to man for raping

Seven year imprisonment has been awarded to a man by the Delhi High Court for raping his minor step daughter who became pregnant, accepting the argument that sole testimony of the victim needs no corroboration.

Justice SP Garg dismissed the appeal filed by Deepak, a resident from Saraswati Vihar area in North West Delhi, against the trial court’s judgement holding him guilty of the offence and sentencing him to seven years in jail.

“Considering all the facts and circumstances, I am of the opinion that the conviction of the appellant (Deepak) has been recorded on fair appraisal of the evidence and is affirmed,” According to the court.

Accepting the Public Prosecutor’s argument that sole testimony of the victim who was a reliable witness needs no corroboration, according to the court, “Order on sentence requires no modification as the offence committed by the accused with his step-daughter is heinous.”

“He violated the honour and dignity of the child aged about 15 years who was unaware about the consequences of the act….”

“The appeal lacks merit and is dismissed. The conviction and sentence of the appellant under sections 376 (rape) and 506 (criminal intimidation) of IPC are maintained,” the court mentioned.

According to the prosecution, the accused had raped his step daughter, a class-IX student, in January 2006 and it came to light after she got pregnant.

The prosecutor had argued that the accused took advantage of the situation when the victim’s mother was away from home. He had also extended threats to his daughter in case she revealed it to any one.

The court had rejected Deepak’s argument that he was framed in the case as he had objected to the girl’s involvement with a boy, who was their neighbour.

“The prosecutrix and her mother had no reasons to falsely blame the appellant for the heinous act…,” the court also mentioned.

Man convicted of raping daughter’s friend

Holding a man guilty of raping a 15-year-old friend of his daughter, a fast track court has told delay by victim in lodging complaint of sexual violence should not be a mitigating factor for conviction of accused as it is agonising for victims to confide in such cases.

“Sexual assault destroys the entire psychology of a woman and pushes her into deep emotional crisis….

“We cannot expect the victim of a sexual assault to cry in the middle of the road that she has been raped or to visit the police station alone for the lodging of the complaint in this regard, when she has nobody to trust around her,” according to the judge of the fast track court set up here in the aftermath of December 16 gang-rape case.

Additional Sessions Judge Virender Bhat told that sexual assault is the most hated crime and it needs “immense courage” on part of the woman to disclose such crime against her to her well-wishers and police.

“Sexual assault destroys the entire psychology of a woman and pushes her into deep emotional crisis. It is a crime against basic human right of a woman and thus is the most hated crime.

“Victim of sexual assault feels it embarrassing and against her honour and dignity to disclose the incident even to her near relations or well-wishers. It takes immense courage for her to apprise her close relations or friends about the incident,” According to the judge.

The court held Surya Prakash guilty of raping the minor girl who was his daughter’s friend and turned down his plea that case against him should be dismissed as the girl had filed complaint days after the incident.