Thane’s additional session’s court has convicted a 56 year old man who was found guilty of raping his 8 year old niece on multiple occasions | Representational Image
Mumbai: Despite a delay of 10 months in registering the offence, the Thane’s additional session’s court has convicted a 56-year-old man who was found guilty of raping his 8-year-old niece on multiple occasions, thus sentencing him to 20 years of rigorous imprisonment.
The court in its orders held that even though the offence was registered after 10 months delay, it was the circumstances due to which there was a delayed registration, but the prosecution through its witness have succeeded in justifying the same to the court.
The court in its orders while explaining about the delay in registration of FIR said, “The fact has been also established that the though the offence is registered after 10 months it was the circumstances due to which it was registered at such a delayed stage. Hence the circumstances and explanation given by the prosecution witnesses is justifiable. It was the fear in the mind of the minor victim to narrate the incident and also the threats given by the accused, (which added to the delay). But it was her aunt who took her in confidence, thereafter, the complaint came to be lodged against the accused.”
“No mother will lodge false report wherein reputation and character of the minor and unmarried daughter is involved. As it has come in the FIR that the accused had threatened the minor to kill due to which she was in fear. Similarly has been deposed by the informant in her evidence,”held the court.
The court further while explaining the punishment of 20 years held that whatever major offence is proved, it is in connection with committing rape on his own niece and that same cannot be treated as trivial one.
“Lenient view cannot be taken in such offences as it gives wrong message to the society. Fact is already proved that victim was minor of 8 years at the time of incident as per POCSO Act,”the court held.
As per the prosecution, a case was registered with the Nayanagar police in 2021, by the mother of the eight year old child. On 20.03.2020, complainant had sent her daughter to the house of her sister in law, while complainant went to Allahabad. Due to lock down she could not return back.
On June 30,2020, when the mother returned to Mumbai she found out that her brother-in-law had raped her minor child on four-five occasion. Medical evidence as well as the victim’s version were the prime evidence relied by the prosecution to prove its case.
