The Bombay High Court has refused to suspend the jail sentence of a man convicted of repeatedly raping a minor, even after she became pregnant. A Single Bench of Justice P.N. Deshmukh was hearing a criminal appeal filed by Mubarak Mohammadali Sayyed alias Chaudhari seeking suspension of his sentence and fine.
He had been convicted under Section 376 (punishment for rape) of the Indian Penal Code and Section 4 (punishment for penetrative sexual assault) of the Protection of Children from Sexual Offences Act. On the basis of these charges, he was sentenced to 10 years’ rigorous imprisonment and directed to pay a fine of ₹25,000.
Chaudhari was the girl’s neighbour and they became friends. In January 2016, he took her to a room and on the promise of marriage indulged in physical relations. He then threatened to disclose their relationship to her mother. Even when the survivor became pregnant, he continued to force her to have intercourse with him. The victim then requested him not to leave her but he did not pay any heed. She then narrated the ordeal to her mother and filed a complaint with the police.
According to Chaudhari’s advocate, there was no evidence to establish the girl’s date of birth and since they were in love, no case of rape could be made out.
The court, however, held that “from the evidence of prosecutrix (minor), it is amply established that Chaudhari had sexually assaulted her time and again and even after she was pregnant. Admittedly, she had terminated her pregnancy and from the record it is revealed that he is the biological father of the foetus. Having considered all these aspects, no case is made out for suspension of sentence. The application is devoid of merit and plea is dismissed.”
