MUMBAI: A 50-year-old Andheri resident was handed life imprisonment for repeatedly raping his 19-year-old niece, threatening her and leaving her pregnant in 2017, with the Dindoshi sessions court observing that just because she did not complain to anyone despite opportunities, it did not mean she was a consenting party.
The case was filed under the Protection of Children from Sexual Offences Act, but as an ossification test established her age as between 19 and 20, the Pocso charges were dropped and the accused was convicted under the relevant IPC sections.
The judge dismissed the defence contention that rape claims are not borne out as there are no injuries on her private parts. “Absence of injury is not necessarily an evidence of falsity of the allegation of rape or evidence of consent,” said additional sessions judge S N Salve.
DNA of aborted foetus helps nail girl’s uncle for rape
The DNA of the aborted foetus of a 19-year-old girl raped repeatedly by her uncle had matched that of the accused. Sentencing the man, the judge said: “…(The) gravity of the offence proved against the accused and the fact that the accused impregnated his own niece, who had her abortion, and has to live in the shelter home of CWC (Child Welfare Committee), I am of the opinion the act of the accused is so serious which calls for maximum sentence. The accused does not deserve any leniency and he needs to be sentenced to imprisonment for life.”
The accused, who has been in jail since his arrest on July 10, 2017, was also fined Rs 35,000. “The payment of fine as imposed… if recovered, be paid to the prosecutrix after the appeal period is over towards compensation…for loss or injury caused by the offence,” said the judge. “The copy of judgment should be forwarded to the district legal services authority, Mumbai, for deciding the quantum of compensation to be awarded to the prosecutrix under the Manodhairya Scheme,” said the judge. The girl had come to the city for her studies and put up with her uncle and aunt. She deposed that he used to touch her inappropriately when no one was home. Whenever she told her uncle she would tell her aunt about it, he used to threaten her. On Holi in March 2017, no one was home in the evening, she said. When she had fallen asleep, the accused came inside the house, closed the door, and raped her. He repeatedly targeted her for 20-25 days. The crime came to light when she became pregnant.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court’s directives on cases related to sexual assault)
The case was filed under the Protection of Children from Sexual Offences Act, but as an ossification test established her age as between 19 and 20, the Pocso charges were dropped and the accused was convicted under the relevant IPC sections.
The judge dismissed the defence contention that rape claims are not borne out as there are no injuries on her private parts. “Absence of injury is not necessarily an evidence of falsity of the allegation of rape or evidence of consent,” said additional sessions judge S N Salve.
DNA of aborted foetus helps nail girl’s uncle for rape
The DNA of the aborted foetus of a 19-year-old girl raped repeatedly by her uncle had matched that of the accused. Sentencing the man, the judge said: “…(The) gravity of the offence proved against the accused and the fact that the accused impregnated his own niece, who had her abortion, and has to live in the shelter home of CWC (Child Welfare Committee), I am of the opinion the act of the accused is so serious which calls for maximum sentence. The accused does not deserve any leniency and he needs to be sentenced to imprisonment for life.”
The accused, who has been in jail since his arrest on July 10, 2017, was also fined Rs 35,000. “The payment of fine as imposed… if recovered, be paid to the prosecutrix after the appeal period is over towards compensation…for loss or injury caused by the offence,” said the judge. “The copy of judgment should be forwarded to the district legal services authority, Mumbai, for deciding the quantum of compensation to be awarded to the prosecutrix under the Manodhairya Scheme,” said the judge. The girl had come to the city for her studies and put up with her uncle and aunt. She deposed that he used to touch her inappropriately when no one was home. Whenever she told her uncle she would tell her aunt about it, he used to threaten her. On Holi in March 2017, no one was home in the evening, she said. When she had fallen asleep, the accused came inside the house, closed the door, and raped her. He repeatedly targeted her for 20-25 days. The crime came to light when she became pregnant.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court’s directives on cases related to sexual assault)
