The special POCSO court recently sentenced a 50-year-old man to life imprisonment for impregnating his niece who had come to live in his house from their native place to pursue further studies. The special court refused to grant any leniency to the accused while awarding him maximum punishment.
“The accused is relative of the prosecutrix who has committed sexual intercourse with the prosecutrix and repeatedly committed rape on her. Further, he impregnated prosecutrix. The prosecutrix had her abortion and currently she has to reside in the shelter home of CWC,” he said.
As per the prosecution case registered in July 2017, the victim is native of Uttar Pradesh. She had studied until sixth standard there. Thereafter she moved to Mumbai in 2012 for further studies and was living with her uncle and his family.
Accused committed incest on minor
She claimed that a few years ago her uncle began sexually harassing her, touching her inappropriately when she was alone at the house. She claimed that in March 2017, after Holi, the accused sexually assaulted her and threatened her to not reveal anything to anyone. The girl claimed that thereafter the accused sexually assaulted her on several occasions.
The girl claimed that after a few months, she suffered pain in the stomach. A medical investigation revealed that she was pregnant. On July 10, 2017, a case against her uncle was registered with Sahar police station.
The accused denied the allegations and said the girl was not a minor at that time. The accused claimed that in between such a long period, the girl had ample opportunities to raise her voice against him but she didn't. It was pleaded that the relation was with consent.
Court finds accused uncle guilty
The court rejected his defence and said, “The relationship of the accused with the prosecutrix is within the degree of prohibited relationship. Under these circumstances, it is improbable that the prosecutrix, who is niece of the accused, is the consenting party for sexual relationship with the accused. Even otherwise, mere fact that the prosecutrix did not voice her concerned with anybody does not mean that she was consenting party.”
The court relied on the medical evidence, which said the girl was between 19 and 20 years old. Besides, the court said there was no evidence to show that the girl was minor at the time of the incident. The POCSO court hence found him guilty under the Indian Penal Code, and not under the POCSO Act.
“Taking into account the evidence adduced by the prosecution and the reasons discussed herein above, it is been established by the prosecution that accused outraged the modesty of the prosecutrix, accused being relative of the prosecutrix committed forceful sexual intercourse with her, accused repeatedly committed rape on the prosecutrix and threatened the prosecutrix if he discloses the incidents of sexual assault with anyone.”