Rape worse than murder, destroys soul: POCSO court sentences man to 10 years in jail for rape of minor

A special court in Mumbai recently convicted and sentenced a man to 10 years rigorous imprisonment for offences under the Protection of Children from Sexual Offences Act (POCSO Act) and the Indian Penal Code for gang rape of a minor girl of unsound mind [The State of Maharashtra vs Nilash Urade & Anr.]..Special Judge HC Shende observed that the crime committed was more heinous than murder."Even in ordinary criminal terminology a rape is a crime more heinous than murder as it destroys the very soul of a helpless woman. In this matter the minor victim is slow witted girl," the Court said.The second accused in the case had passed away during the pendency of the trial. .The minor-survivor deposed in Court and testified against the accused. She alleged that the two accused had taken her to a deserted place on two occasions within two days before the first information report (FIR) was registered. She claimed that they had disrobed themselves and her, and had then sexually assaulted her. The Court found the evidence of the survivor to be reliable and acceptable to the extent that both the accused had taken her to a deserted place with the intention of committing the offence of rape..The defence argued that it was a case of false implication and claimed that the survivor's mother had falsely implicated the two accused after finding out that the survivor was in a romantic relationship with one of the accused, Risa.The Court refuted these arguments as the girl was able to identify Nilash as an assailant as well as depose that Risa had since passed away. Shende was of the view that a false case being lodged by the survivor's mother was unlikely."In my humble view, any respectable woman cannot put the honour of her family and character of her daughter at stake to lodge false case with the allegations of rape on her own girl just to teach the lesson to the accused person as her daughter is in love with one of the accused who is no more alive," she explained..Advocate for the accused Sunita Nandewar requested the court to show leniency in imposing the sentence to the accused given his age, time which he had already spent in jail during trial and his poor financial background..The Court underscored the impact of heinous crimes such as rape on society."There is the case where the crime has been committed by the accused not only delicts the law but it has a deleterious effect on the civilized society...The accused persons are from her area, knowing well about her abnormality...The gravity of the crime, therefore, is increased," it stated.It therefore refused to show him any leniency."In my considered view, there is no need to give consideration to the age, time span for which the perpetrator had undergone in jail during trial or his poor financial background. More particularly when the offence the offence involving the allegations of sexual assault/rape on the minor victim girls that too when the victims are abnormal girls, easily trusting the person nearby to whom they know,".As a result, after finding the accused guilty of aggravated penetrative sexual assault under Section 6 of POCSO Act and gang rape under Section 376D of IPC, the Court sentenced him to ten years in prison and a fine of ₹15,000. Out of that, ₹10,000 has to be given to the survivor as compensation..[Read Judgment]