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Synopsis

A Kerala Court has sentenced a man to a total of 86 years in prison for various offences committed under Protection of Children from Sexual Offences Act (POCSO Act) and the Indian Penal Code.

The 41-year old accused repeatedly raped the child victim starting from 2015 when she was studying in 4th standard. Moreover, accused with sexual intent had shown media for pornographic to the child vacuum many times while she was playing and constantly followed child victim. 

An FIR in the case came to be registered in 2019 on the basis of first information statement given by child victim.

Before the Fast Track Special Court (POCSO), Thiruvananthapuram, the child victim deposed as a witness and enumerated the various instances of assault in detail.

On the question of sentence, Special Judge Rekha R observed that the sentence should deter the criminal from achieving the avowed object to break the law and the endeavour should be to impose an appropriate sentence.

"It is the duty of the court to see that appropriate sentence is imposed regard being had to the commission of the crime and its impact on the social order and that sentencing includes adequate punishments. Submissions of accused during the hearing on sentence are not mitigating factors. Considering the gravity of the offences committed by the accused, adequate punishment should be handed out to the accused to prevent recurrence of similar offences and to give a strong message to the society....", the court added.

Invoking the power under section 357- A of the Code of Criminal Procedure Code, 1973 and section 33(8) of Protection of Children from sexual Offences Act, the court also made a recommendation to the District Legal Services Authority, Thiruvananthapuram for adequate compensation to the child victim.

The State was represented by Special Public Prosecutor Vijay Mohan RS.

Case Title: State represented by the Inspector of Police, Peroorkada Police Station Thiruvananthapuram District vs. Ratheesh Kumar @ Lathi Ratheesh