Observing that “sexual assault/rape are offences, which speak of the perversity and the cannibalism of the convict,” a Delhi court has sentenced a 27-year-old man to 14 years’ in jail for raping a 10-year-old in 2015.
The court also ordered compensation of ₹2 lakh to the victim. Since the convict is not in a position to pay the money, the court asked the Delhi Legal Services Authority to pay the amount.
Special Judge Seema Maini at the Rohini courts also rejected the leniency plea by Santosh Kumar on the ground of his clean antecedents, dependency of his parents and siblings on his small income of ₹12,000 to ₹15,000 per month as daily wager and and being only 27-year-old.
“The only mitigating factors in favour of the convict are that he is 27 years of age, and is the main breadwinner of his family but the same cannot obviate the stress, pain and trauma which the tender aged victim and her family would have undergone, and would continue to undergo till the child is able to erase the said horrific memories. Therefore, the nature of offence, which has been committed by the convict, does not merit any leniency...,” the Judge said.
“It needs to be kept in mind that penetrative sexual assault/ rape are offences which speak of the perversity and the cannibalism of the convict. Such sexual offences, in my opinion, are worse than murder/ culpable homicide, since the assault in such cases is not just on the body of the victim but also on the soul, mind as well as the whole persona of the victim,” the Judge added.
Among other evidence, the court convicted the accused on the basis of the victim’s statement during the trial.
“The testimony of the child victim, which was recorded on January 20, 2016, was emphatic, crisp and very firm. Starting from the reason why she went to the factory to fetch water during the day following a request by her mother, to meeting the accused on the way, who asked her to accompany him to his room as he would give her namkeen , is unflinching and in her cross-examination, the said factum is not even denied,” Ms. Maini said on her evidence.
The convict assaulted the victim in his room.