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Synopsis

In a decisive verdict, the Thiruvananthapuram Fast Track Special Court sentenced Prabhat Kumar alias Prabhan, a 64-year-old resident of Mudavanmughal, to 52 years of rigorous imprisonment and imposed a fine of Rs 1.25 lakh for sexual assault of a mentally challenged minor girl.

Special Judge Rekha R. delivered the sentence, which includes rigorous imprisonment for 35 years and a Rs 50,000 fine under Section 6 (sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, seven years of rigorous imprisonment and a Rs 25,000 fine under Section 10 (aggravated sexual assault of POCSO Act), and 10 years of rigorous imprisonment with a Rs 50,000 fine under Section 377 (carnal intercourse against the order of nature) of the Indian Penal Code. The sentences will run concurrently.

The incident occurred on January 10, 2013, when the survivor, then a Class 6 student, was alone at home with her mentally ill mother and 90-year-old grandmother. Prabhat Kumar forcibly entered the house, and sexually assaulted and tortured the child. Despite her resistance, he persisted. The following day, he attempted another assault but fled when confronted by the survivor’s grandmother armed with a machete.

The survivor revealed that an autorickshaw driver had also raped her, Gopinathan Nair of Mudavanmughal, who passed away during the trial. The survivor's mental condition posed challenges during the trial, leading the court to order specialized treatment at the Department of Psychiatry in the Thiruvananthapuram Government Medical College Hospital.

The prosecution, led by special public prosecutor R.S. Vijay Mohan, presented a strong case, examining 21 witnesses and providing 26 exhibits and seven material objects. The verdict underscores the court's commitment to justice and protecting the rights of vulnerable individuals.

Case Title: State Vs. Gopinathan Nair & Anr.