Discussing the compensation scheme for survivors of sexual abuse, the court stated, “In any beneficial scheme or legislation, there cannot be a concept of maximum. How can there be a price tag on the suffering of the survivor? No amount of compensation can undo the trauma. The least that can be done to help the survivor is to get his/her life back on track.”
NEW DELHI: A Delhi court has sentenced a 31-year-old man to life imprisonment for kidnapping and raping a minor girl in 2021. The court emphasized that strict punishment must be given to those who violate the Protection of Children from Sexual Offences (POCSO) Act.
Additional Sessions Judge Susheel Bala Dagar sentenced the convict under Section 6 of the POCSO Act for aggravated penetrative sexual assault and under the Indian Penal Code (IPC) for rape, kidnapping, and criminal intimidation.
The judge highlighted that the ruling serves as a warning to society that offenders under the POCSO law will be punished.
Discussing the compensation scheme for survivors of sexual abuse, the court stated,
“In any beneficial scheme or legislation, there cannot be a concept of maximum. How can there be a price tag on the suffering of the survivor? No amount of compensation can undo the trauma. The least that can be done to help the survivor is to get his/her life back on track.”
The court granted Rs 10.5 lakh as compensation to assist in the minor’s rehabilitation, recognizing that no amount of money can truly compensate for the trauma suffered.
Additional Public Prosecutor Yogita Kaushik Dahiya argued that the convict deserved no leniency because of his reprehensible and despicable act. She told the court that on July 26, 2021, the man lured the girl with eatables, kidnapped her, and then raped her while threatening her with a knife. Dahiya further informed the court that the convict had previously been convicted of rape by a court in Uttar Pradesh.
In its verdict issued on March 5, the court remarked,
“A clear message that anyone who violates the POCSO Act will be held accountable for their actions must be sent to society at large by imposing a penalty that is proportionate to the act of sexual assault or sexual harassment. In the present case, the convict is found to be having perverse lust for sex.”
The court further emphasized society’s responsibility in safeguarding children from abuse, stating,
“Taking into consideration the aggravating and mitigating circumstances, including gravity of the offence, the age of the victim and convict, the earlier involvement of the convict in a similar offence, social and economic factors governing them, the convict is sentenced for life imprisonment for the offence under section 6 of the POCSO Act.”
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Apart from life imprisonment under Section 6 of the POCSO Act, the convict was also sentenced to seven years of rigorous imprisonment for kidnapping and criminal intimidation. However, the court ordered that these sentences will run concurrently, meaning they will be served at the same time.
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