MUMBAI: Even as a 13-year-old rape survivor and her mother turned hostile in court, denying they lodged an FIR, a special Protection of Children from Sexual Offences (POCSO) Act court on Friday convicted and sentenced the minor's 27-year-old maternal uncle to 12 years' rigorous imprisonment for raping her and getting her pregnant. "There is ample evidence to indicate the victim has been sexually assaulted. Most of the times, 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 child's father even deposed as a defence witness in favour of the accused and claimed the minor was married to her uncle. The court, however, relied on DNA evidence which showed that the accused had fathered the foetus, besides statements of police and doctors, and the statement given by the child to the magistrate soon after the FIR in 2016, to find the accused guilty.
"The prosecution has been able to prove its case beyond reasonable doubt that the accused...committed penetrative sexual assault upon the minor victim who is his niece and threatened her not to disclose his act or she would have to face dire consequences," special judge AD Deo said. Sentencing the accused, the court said child sexual abuse cases, including incest, were on the rise.
The court refused to grant compensation to the child. "There is nothing on record from which it can be inferred that due to the incident, the victim suffered any trauma. On the contrary, the victim and her parents had the audacity to depose falsely before the court. In the peculiar facts and circumstances of the present case, I do not find this to be a fit case for victim compensation," the court said. The court, however, turned down the prosecution's plea to take action against the survivor for perjury, stating she was a minor when the FIR was registered.
The prosecution had submitted the accused had been living with the child's family for about two months when he raped her. The matter came to light in July 2016, two and half months after the assault following which the child's mother lodged an FIR and the accused was arrested.
(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
The child's father even deposed as a defence witness in favour of the accused and claimed the minor was married to her uncle. The court, however, relied on DNA evidence which showed that the accused had fathered the foetus, besides statements of police and doctors, and the statement given by the child to the magistrate soon after the FIR in 2016, to find the accused guilty.
"The prosecution has been able to prove its case beyond reasonable doubt that the accused...committed penetrative sexual assault upon the minor victim who is his niece and threatened her not to disclose his act or she would have to face dire consequences," special judge AD Deo said. Sentencing the accused, the court said child sexual abuse cases, including incest, were on the rise.
The court refused to grant compensation to the child. "There is nothing on record from which it can be inferred that due to the incident, the victim suffered any trauma. On the contrary, the victim and her parents had the audacity to depose falsely before the court. In the peculiar facts and circumstances of the present case, I do not find this to be a fit case for victim compensation," the court said. The court, however, turned down the prosecution's plea to take action against the survivor for perjury, stating she was a minor when the FIR was registered.
The prosecution had submitted the accused had been living with the child's family for about two months when he raped her. The matter came to light in July 2016, two and half months after the assault following which the child's mother lodged an FIR and the accused was arrested.
(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
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