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"Considering the gravity of the offence committed by accused No.2 on PW1, this court is of the definite view that severe punishment should be imposed on accused No.2 in order to sent a strong message to the society to prevent recurrence of similar offences and to deter potential offenders from committing similar offences", the order records
A fast-track Special Court (POCSO), Thiruvananthapuram has sentenced an accused to undergo rigorous imprisonment for a period of 35 years for committing rape and penetrative sexual assault on a mentally disabled child victim.
Notably, two persons were accused in the case, however, as the first accused passed away during the pendency of the proceedings, the charges against him were ordered to be abated.
The second accused has further been directed to pay a fine of Rs.50,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of 6 months for the offence punishable under section 6 read with section 5(k) of Protection of Children from Sexual Offences Act, 2012 (POCSO).
Kerala court has also sentenced the accused to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.25,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of 3 months for the offence punishable under section 10 read with section 9(k) of the POCSO Act and to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000/- and in default of payment of fine to undergo rigorous imprisonment for 6 months for the offence punishable under section 377 of Indian Penal Code.
Special Judge Rekha R has further directed that the fine amount if remitted by the accused or if realized from the accused shall be paid to the victim child as compensation under section 357(1) (b) of Criminal Procedure Code.
It was noted that the victim child suffered from 70% mental retardation and disability. Accordingly, the acts committed by the accused were found to be abject and diabolic.
On evaluating the entire evidence, court concluded that prosecution succeeded in proving that accused committed the offences punishable under section 4 (2) read with section 3(a) of POCSO Act, section 6 read with 5(k) of POCSO Act and 377 of Indian Penal Code.
"Prosecution failed to prove that accused No.2 committed the offences punishable under section 4 read with section 3(c) of POCSO Act and section 4 read with section 3(d) of POCSO Act and section 376(1)(l) of Indian Penal Code", the special judge further recorded.
Invoking the power under section 357- A of the Code of Criminal Procedure Code, 1973 and section 33(8) of POCSO Act, the special court also made a recommendation to the District Legal Services Authority, Thiruvananthapuram for adequate compensation to the victim child.
Case Title: State vs. Gopinathan Nair and Anr
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