Man sentenced to 20 years in prison for luring and repeatedly raping 14-year-old girl

New Delhi:

A Delhi court has sentenced a man to 20 years in prison for luring and repeatedly raping a 14-year-old girl in 2018, saying justice demands a punishment befitting the crime.

Additional Sessions Court Judge Babita Puniya rejected the defence counsel's argument that the absence of additional physical injuries to the victim was a mitigating circumstance.

“I am of the opinion that even this (the absence of additional injuries) cannot be questioned, since no form of rape is better than others. Rape is in itself a crime of violence…” she said in the August 21 ruling.

The court was hearing the case against the 23-year-old man who was convicted of the offence of rape and aggravated sexual assault by penetration under the provisions of the Protection of Children from Sexual Offence Act (POCSO).

Special Public Prosecutor Sharwan Kumar Bishnoi demanded the strictest and harshest punishment, saying the victim was “lured and repeatedly raped”.

The court rejected the argument of consensual physical intercourse on the grounds that the minor was not legally able to consent to sexual intercourse.

Citing a 1994 Supreme Court ruling, it said: “Justice requires that the courts impose a punishment proportionate to the crime so that the courts reflect public abhorrence of the crime.”

“In imposing an appropriate sentence, the courts must consider not only the rights of the offender but also the rights of the victim and society as a whole.” After considering the mitigating and aggravating circumstances, the court sentenced the convict to 20 years' imprisonment under Section 376 (3) of the Indian Penal Code (IPC) (punishment for rape of a minor).

He was also sentenced to two years in prison under Article 363 of the Penal Code (kidnapping), adding that both sentences will be served concurrently.

The court awarded the victim a compensation of Rs 105,000.

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