A special POCSO court convicted a 40-year-old man for repeatedly raping his 14-year-old step-daughter and sentenced him to 20 years’ rigorous imprisonment.
The 40-year-old was booked under relevant sections of the Indian Penal Code and the Protection of Children from Sexual Offenses Act. The victim is 14 years old and studies in class IX. Her biological father was addicted to alcohol, causing her mother to divorce and remarry.
It is alleged that in October 2019, when the victim was sleeping on the floor beside her sisters, she felt a hand on her body and when she woke up, she found her stepfather sleeping beside her. When she tried to stop him, the man gagged her and forcibly had sex with her, threatening to kill her if she told about it.
When her mother went to her maternal home, the man once again forcibly made physical relations with the girl. When the mother returned from the trip, the child told her everything. The woman took her daughter to the hospital, where they learned she was 16 weeks pregnant. Charges have been framed by registering an FIR against the step father.
During the hearing, the man’s lawyer told the court that the girl and her mother had turned hostile. The court will now have to rely on the DNA report.
“The victim girl has accepted that her step father is in jail and is the only earning member of the family. The mother is not ready to put him behind bars. She has said that whatever wrong her stepfather has done, she wants to forgive him and does not want to keep him behind bars.
However, the special court convicted the stepfather on the basis of the DNA report. “The crime is heinous, a step father who repeatedly raped the victim girl who is a child below 18 years of age. The DNA report has revealed that the victim girl was pregnant and the accused is the biological father… This is indeed a sad, very serious and heinous act of the accused.
Noting that the prosecution had proved reasonable doubt through scientific evidence, the court said, “However, the victim’s mother and the girl have decided not to support the prosecution’s case and have placed the DNA test report on record.” has altered the scientific evidence to prove the guilt of the accused beyond all reasonable doubt.”
The bench further said, “The evidence and material available on record clearly show that despite the turning hostile of the crucial prosecution witness, the prosecution has conclusively proved its case against the accused beyond reasonable doubt.”
After this, the special court while passing its order convicted the step father and sentenced him to 20 years rigorous imprisonment. The court also imposed a fine on that person and said that if the fine is recovered, then an amount of Rs 34,000 should be given to the victim.
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