Home Tech Delhi HC upholds trial court s decision of 20 years rigorous imprisonment to man for raping step daughter-ANI

Delhi HC upholds trial court s decision of 20 years rigorous imprisonment to man for raping step daughter-ANI

Delhi HC upholds trial court s decision of 20 years rigorous imprisonment to man for raping step daughter-ANI

New Delhi [India], October 11 (ANI): The Delhi Excessive Courtroom has upheld an order of a trial court docket which had convicted a person and sentenced him to 20-year jail for raping his minor step-daughter and making her pregnant.
“The prosecutrix (minor woman) was below the care of the appellant (convict) and he had dedicated repeated sexual assaults on the kid, ensuing within the baby changing into pregnant,” a single-judge bench of Justice Vibhu Bakhru mentioned and dismissed the enchantment filed by a person difficult a trial court docket judgement dated August 2, 2016.
“The FSL report leaves no room for doubt that the petitioner had dedicated the offence for which he was charged. Thus, the prosecution has established its case past any affordable doubt and subsequently, the impugned judgment convicting the appellant for committing the offence punishable below Part 6 of the Safety of Kids from Sexual Offences Act (POCSO Act) and Part 506 Indian Penal Code can’t be interfered with and is upheld,” the court docket mentioned.
On August 2, 2016, a trial court docket convicted the appellant for committing aggravated penetrative sexual assault on a baby sufferer – an offence punishable below Part 6 of the POCSO Act and below Part 506 of the Indian Penal Code, 1860. On August 9, 2016, the appellant was sentenced to rigorous imprisonment for a interval of twenty years with a high quality of Rs 5,000.
The person was prosecuted pursuant to registration of an FIR below sections 323/376/506 of the IPC and Part four of the POCSO Act with Police Station Shahbad Dairy.
The FIR was registered on August 7, 2014, pursuant to the assertion made by a 13-year-old woman, alleging that the appellant – who’s her stepfather – had forcibly raped her a number of occasions and had threatened that he would kill her if she disclosed the identical to anyone.
The Delhi Excessive Courtroom, in its 21-page judgement, famous that the sufferer is constant in her allegation that the appellant used to beat her and rape her.
“Her allegations have been sufficiently corroborated by the forensic proof introduced on document. Thus, regardless that the prosecutrix could not qualify to be a sterling witness, the allegations made by her towards the appellant, stand totally proved,” the court docket famous.
“It is usually related to notice that Part 6 of the POCSO Act was amended by advantage of the Safety of Kids from Sexual Offences (Modification) Act, 2019, with impact from 16.08.2019 and the minimal punishment for committing an aggravated penetrative sexual assault was elevated to rigorous imprisonment, for a time period not lower than twenty years. Because the offence was dedicated previous to 16.08.2019, there isn’t a bar for imposing a punishment lower than twenty years of rigorous imprisonment, however conserving the legislative intent in thoughts, the sentence awarded by the trial court docket can’t be acknowledged to be manifestly faulty,” the court docket mentioned.
“Within the information of the current case, this court docket is unable to simply accept that the sentence awarded to the appellant suffers from any error and requires any discount,” it added. (ANI)

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