A district court here on Tuesday sentenced a man to 40 years of rigorous imprisonment (RI) for raping his eight-year-old niece six years ago.
Thiruvananthapuram Additional District and Sessions Judge (Protection of Children from Sexual Offences Act, 2012) Shibu M.P. pronounced the verdict in the case that took place under the Varkala police station limits in 2017.
The accused was found to be guilty under Sections 5(l) (penetrative sexual assault on the child more than once), Section 5(m) (penetrative sexual on a child below 12 years), Section 5(n) (sexual assault by relative of the child) and Section 5 (p) (sexual assault by a person who is in a position of trust or authority) of the POCSO Act.
Having been imposed fines of ₹25,000 for each offence, he will have to undergo additional imprisonment for a year each if he defaults the payment of the fine amounts. The court also ordered the government to provide compensation to the survivor.
According to the prosecution led by public prosecutor J.K. Ajith Prasad, the survivor used to reside with her mother and grandmother in their ancestral home. The accused, who is married and has a child, used to visit his mother and sister every Saturday. It was during such visits that the child was subjected to sexual assault on multiple occasions. The survivor’s father had abandoned the family when she was two years old.
Her plight came to light when she confided in a friend her fear of staying home on Saturdays. The classmate soon informed their class teacher who took the matter up with the authorities.
During the trial, the survivor’s mother and grandmother turned hostile and testified in favour of the accused. However, the court found him guilty on the basis of the statements provided by the survivor, her classmate, class teacher and others. The prosecution also submitted medical documents that confirmed sexual assault. As many as 18 witnesses and 30 documents were presented.
The survivor has been living under the protection of the child welfare committee since the case had been registered.
