india

Updated: Nov 24, 2018 08:31 IST

A court in Uttarakhand’s Almora has sentenced a 50-year-old man to life in prison for raping his minor niece, sent to his protection after her parents’ death, for over a year.

Judge Gyanendra Kumar Sharma, special court for Protection of Children from Sexual Offences (POCSO) ruled that the convict “shall have the last breath in jail’, ordering the jail authorities against giving any benefit to the convict, such as those provided for good conduct. “The convict will die in Jail,” the judge said in his order.

The court also ordered the Almora district magistrate to pay Rs 7 lakh compensation to the girl within 30 days in compliance with the POCSO Rules, 2012.

The accused was charged under IPC section 376 (2) (raping a woman under the custody or when she is pregnant) and under POCSO Act’s section 5 (aggravated penetrative sexual assault) and section 6 (punishment for aggravated penetrative sexual assault).

The judge’s 43-page order was issued on November 20 but its copy was made available on Friday.

The convict, who is not being identified in order to protect the identity of the minor girl, was convicted by the court for repeatedly raping the daughter of his wife’s sister from the age of 14 until she had turned 16. The matter came to light after the girl became pregnant and delivered a stillborn foetus on July 18, which she had kept in a polythene bag. An FIR was lodged on the complaint of her brother on July 27.

The girl had gone to live with her aunt and uncle after the death of her parents.

“This case is an example that girls are not safe even within the family domain. The victim was sexually exploited by her uncle, under whose guardianship and protection she was living,” the order said.

Her brother, in his complaint filed at the local police station, had said that after the death of his parents, he moved out of the state for a private job. “On July 20, he came to his village (in Almora) and learnt about his sister. His sister then informed that mausa ji (uncle) was sexually exploiting her for the past one and a half years. For over 2-3 days, there was excessive bleeding to her,” the court’s noted in its order.

According to documents submitted before the court, when the convict had started sexually assaulting the minor, the victim was 14 years old, adding “The material on record proves that the victim was sexually exploited before fifteen days of the delivery of fetus...”

Minor girl’s statement before court in camera proceedings

“I was living with my uncle (Mausa). My mother died before 8 years. I don’t remember when my father died.... On July 18, 2018, I experienced extreme stomachache. I went to my house. I closed the room. The blood discharged from my genetic organs. A blood clotted types material came out, which I kept in a polythene... My uncle (mausa) raped me 10-12 times. He started this act before 1-1/2 years from the date of delivery...When I kept the fetus in polythene, my aunt (chachi) came in the room. My aunt asked me whose is the fetus? I informed him that fetus is of uncle (mausa)..”

Court statement of victim’s aunt

“On 18th of July this year, the victim was crying in her room...I went inside the room and saw a piece of clotted blood material kept in a polythene. I could not recognized that. The blood poured all around. The victim informed me that it is the child of (accused)..... I went to (accused)... and called him to the room. I informed ... (accused).... that victim is telling that fetus is yours. Without stating anything, the accused took away the fetus kept in polythene and thrown it somewhere else. ...Thereafter, I massaged the head of victim by oil. Victim became unconscious.”