Rape of minors inhuman and unfortunate, says court

August 5th, 2008 - 9:58 pm ICT by IANS  

New Delhi, Aug 5 (IANS) Awarding a man a 12-year jail sentence for raping a three-year-old girl, a city court noted that the crime was especially inhuman in a society where minor girls are treated as goddesses. Rejecting the leniency plea of convict Daya Shankar, 28, the court said: “In Indian society where minors are treated as goddesses, occurrences as in the present case are very unfortunate and inhuman at the hands of lusty people.”

“In this case, the convict has raped a young female child who is unable to express herself to outsiders except her mother,” Additional Sessions Judge S.C. Malik said, terming the crime as inhuman and unfortunate.

Besides the jail term, the court imposed on Shankar a fine of Rs.10,000 after holding him guilty of raping the girl below 12 years of age, under Section 376(2)(f) (rape) of the Indian Penal Code (IPC).

Shankar had challenged the prosecution case, contending that the child was not examined and that it was unbelievable that she would have narrated the incident to her mother as deposed by her in the court.

“The child is too young to express herself to outsiders and in such circumstances, there is no other option but to believe the testimony of the victim’s mother as there was no special reason for not believing her,” the court said.

The court also lent credence to deposition of witness Hira Lal, who said that the convict had admitted to his guilt after being apprehended on Oct 4, 2005, saying that it was an extra-judicial confession.

The police arrested Shankar after he brought the girl, residing in his neighbourhood Nand Nagri in north east Delhi, to a hospital in an injured condition. Her medical report confirmed rape.

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