An anti-rape poster. Image for representational purposes.
Credit: Reuters File Photo
Thane: A Thane court has sentenced two men, including one physically challenged, to 20 years rigorous imprisonment for raping a 12-year-old girl in 2019, observing they ruined the child's entire life which is an irreparable harm.
Special POCSO court judge Ruby U Malvankar, in the order passed on June 29, also imposed a fine of Rs 26,000 each on the two accused.
A copy of the order was made available on Wednesday.
The judge directed that the fine amount be recovered from the accused and paid to the victim as compensation.
She also directed that the judgement be referred to the District Legal Services Authority (DLSA) for payment of compensation to the victim.
Special Public Prosecutor Rekha Hiwrale told the court that the victim and her siblings resided with their grandparents in Kalwa area of Maharashtra's Thane city.
In October 2019, the victim and her friend went to a park where one of the accused, now aged 24, lured her under some pretext.
He took her to the hut of the other 27-year-old accused, who is physically challenged, where the latter raped her and gagged her when she raised an alarm. The accused also threatened to kill her and asked her not to inform about the offence to anyone.
He later also raped her on multiple occasions after threatening her.
The girl approached the police with a complaint against the duo on December 3, 2019, following which they were arrested.
The court convicted them under relevant legal provisions, including the Protection of Children from Sexual Offences (POCSO) Act.
The judge in her order said, "In view of the evidence produced by the prosecution, the involvement of both the accused persons in the commission of said crime is distinct and clear."
The court said that while one of the accused did not participate personally in committing the "offence of forcible penetrative sexual assault" on the victim, but abetted and aided the commission of such offence.
He took the victim every time to the hut of the other accused with the knowledge that the latter would be committing the "heinous crime", the judge said.
The accused, despite being lame and limping, committed the offence, causing bodily injuries to the girl on more than one occasion, she said.
"In the light of facts and circumstances of the case, evidence adduced and arguments advanced, it appears that both the accused have committed a serious and heinous crime and have ruined the entire life of a barely 12 year old child, which is an irreparable harm which cannot be compensated in any manner," the court said.
At the same time, the fact that both the accused are young persons and one of them is also physically challenged are the mitigating factors that are required to be considered while imposing sentence, it said.
"Therefore, in the considered view of this court, instead of awarding life imprisonment or death, the accused are required to be imposed the minimum punishment prescribed along with fine and that should meet the ends of justice," the judge said.