Man sentenced to 15 yrs’ RI under Pocso

Mangaluru: Additional district and sessions judge FTSC-II KM Radhakrishna on Tuesday sentenced a 49-year-old painter from Kotekar to 15 years of rigorous imprisonment, in addition to slapping a fine of Rs 50,000 under Section 6 of the Protection of Children from Sexual Offences (Pocso) Act. The painter in question has been charged with sexually assaulting, for one year, a 15-year-old girl in 2016. The court also sentenced the survivor’s 48-year-old mother to 14 years of rigorous imprisonment under Section 17 (abetment) of the Pocso Act, besides levying a fine of Rs 25,000.
Special public prosecutor Venkataramana Swamy said that the convict, Derwin D’Souza had also been sentenced to seven years of rigorous imprisonment under Section 366 (kidnapping) of the Indian Penal Code (IPC) and fined Rs 25,000. He has also been convicted of two years of imprisonment of IPC Section 343 (wrongful confinement). The prosecutor said that the convict shall serve both the sentences simultaneously.
Furnishing information about the background of the case, Swamy said that the accused, D’Souza was a frequent visitor to the survivor’s house, since he was offering financial assistance to her mother. Despite being aware that the survivor was a minor, D’Souza proceeded to forcibly assault her sexually. When the survivor informed her mother that D’Souza was abusing her, the mother supported the convict, and reportedly assisted him in the matter. The survivor was sexually assaulted for nearly a year, Swamy added. When locals learnt of the survivor’s plight and expressed concerns over her welfare, D’Souza shifted her to the house of Melwyn D’Souza, 46, a laburer. Melwyn too was aware that the survivor was a minor, but offered D’Souza a sanctuary at his home, nevertheless. Both of them made sure that the survivor did not step out of the house nor did she inform anyone about the incident. However, officers of the District Child Protection Unit learnt about the survivor’s plight, and rescued the girl from Melwyn’s house. A complaint was filed against D’Souza, Melwyn, and the survivor’s mother, and a chargesheet filed. The accused had reportedly been staying in Melwyn’s house from May 2016 to December 2016.
Melwyn, meanwhile, was sentenced to six months of imprisonment under Section 21 of the Pocso Act, besides being slapped with a fine of Rs 30,000. On behalf of the prosecution, 20 witnesses were examined and 23 documents were marked. The then Ullal police station inspectors Savitra Tej and KR Gopikrishna investigated the case and filed a chargesheet.
The court has also directed that the survivor be paid Rs 5 lakh in compensation of which Rs 1 lakh is to paid immediately, and the remaining Rs 4 lakh deposited in a nationalised bank, which she will be entitled to draw as and when she deems it necessary. Further, the copy of the order has been referred to the District Legal Services Authority for further action regarding compensation, said Swamy