The Kalyan court in its order on April 11 has ordered a lifetime rigorous imprisonment to a 48-year-old man for raping his minor daughter. A copy of order was made available on Saturday.
The court said no unnecessary or unwarranted sympathy is required to be shown in the case.
Deterrent theory of punishment to be used to tackle the trend: Court
The court said that such cases are on rise now a days and to tackle the same, a deterrent theory of punishment has to be used.
Kalyan court District and Additional Sessions Judge PR Ashturkar, while hearing case pertaining to the Protection of Children from Sexual Offences (POCSO) Act said, "The accused is hereby sentenced to suffer rigorous imprisonment for life, which shall mean imprisonment for the remainder of his natural life."
The judge also imposed a fine of ₹20,000 on the accused.
Man raped minor daughter for five years
Kadambini Khandagale, special public prosecutor told the court that the man, from Ambivali in Kalyan town of Thane district, had lost his wife when the victim was around two years old. He, thereafter, shifted to neighbouring Mumbai along with his daughter and son.
The accused repeatedly raped his daughter since around 2011, when she was 4 to 5 years old. He also threatened the girl to leave her and her brother if she told about the offence to anyone.
The girl informed police about the offence in November 2016, when she was 10 years old, following which a case was registered against the accused and he was arrested.
The prosecutor examined eight witnesses, including the victim.
Cannot imagine trauma victim would carry: Court
The judge in his order said it cannot be kept out of mind that the victim was only five years old since when she was subjected to aggravated penetrative assault and underwent the ordeal for almost five years.
She was so small and innocent that she might not have even understood what she was subjected to by the accused. Her nightmare ended only when the accused after committing the heinous act fled away from the house leaving her behind to starve alone, the court noted.
"One cannot imagine as to what trauma the victim would have to carry throughout her life. This incident would give her nightmare whole her life every now and then," the judge said.
The accused took advantage of her situation. He did not bother about her age and body while satisfying his carnal lust. In such a situation, the punishment should be striking a balance between the act committed by the accused and the status of the victim girl, he said.
Victim entitled to compensation from accused, other govt schemes
Considering all the facts and circumstances, there can be no second thought but to impose extreme/maximum sentence prescribed under relevant sections, he said.
It is a fit case wherein such punishment shall be awarded which should give a stern lesson to the accused and a strong message is sent in the society that such instances are tackled by the court with an "iron hand", the judge said.
The victim is also entitled to compensation from the accused apart from other government schemes, the court said.
The judge also directed that the fine amount (if recovered) be paid to the victim, in addition to the compensation to which she may be entitled under the `Manodhairya Scheme` or any other victim compensation scheme of the government.
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