Mumbai: the maternal uncle receives 12-year IR for impregnating a 13-year-old boy
MUMBAI: Even when a 13-year-old rape survivor and her mother became hostile in court, denying that they filed an FIR, a special court of the Child Protection Against Sexual Offenses Act (POCSO) on Friday convicted and sentenced to under 27 years old old maternal uncle to 12 years of rigorous prison for raping her and making her pregnant. There is ample evidence indicating that the victim has been sexually assaulted. Most of the time, it is a close relative or close acquaintance who sexually abuses a child and, subsequently, the child is forced to become hostile, the court said.
The girl's father was even deposed as a defense witness in favor of the defendant and said the girl was married to her uncle. However, the court relied on DNA evidence showing that the defendant had fathered the fetus, in addition to statements by police and doctors, and the statement given by the child to the magistrate shortly after the FIR in 2016, to Find the accused guilty.
The prosecution has been able to prove her case beyond any reasonable doubt that the defendant ... committed a penetrating sexual assault on the minor victim who is her niece and threatened her not to reveal her act or would face serious consequences. Judge AD Deo said. Judging the defendant, the court said that cases of child sexual abuse, including incest, were on the rise.
The court refused to grant compensation to the child. There is nothing recorded that can be inferred that due to the incident, the victim suffered some trauma. On the contrary, the victim and her parents had the audacity to falsely depose in court. In the particular facts and circumstances of In the present case, I do not consider it to be an adequate case for the victim's compensation, the court said. However, the court rejected the prosecutor's request to take action against the survivor for perjury, stating that he was a minor when the FIR was registered.
The prosecution had presented that the defendant had been living with the girl's family for about two months when he raped her. The matter came to light in July 2016, two and a half months after the assault after which the child's mother filed an FIR and the defendant was arrested.
(The identity of the victim has not been revealed to protect their privacy according to the directives of the Supreme Court in cases related to sexual assault)