Madras HC rues it is unable to give more than life sentence to child rapist
TIMES NEWS NETWORK 22.03.2018
Chennai: Confirming life sentence awardedby a trial court to a man who sexually assaulted his daughter, the Madras high court notedthat given the nature and magnitude of the offence the sentence imposedwas inadequate.
“We feel remorse to observe that no words of solace and comfort, no amount of compensation, no amount of punishment to the accused can undo the damage done to the child and her innocence,” the court said.
“We hope and believe that time, the great healer, will restore her back to normalcy. At the same time, we could only observe that even though we feel that the sentence imposed on the accused is inadequate, we could not also enhance the sentence than the one our legislators have indicatedunder the Pocso Act for such offences,” a division benchof Justices R Subbiah and AD JagadishChandira said.
The bench made the observation whiledismissing an appeal moved by A Kalimuthu assailing the order of Madurai Mahila Court dated April 23, 2016 sentencing him to life under sections 5 (I) read with6 of Pocso Act. This apart, the trial court had orderedthestate government to pay Rs 10 lakh as compensation to the victim for the trauma and mental disturbance suffered by her.
According to the prosecution, the victim was 16 when she was sexually assaulted. The accused was jobless, addicted to alcohol and drugs. The victim’s mother, a domestic worker, was the sole breadwinner of the family. The accused used to quarrel with his wife and often demanded money for liquor. Whenever she refused to pay, the accused would assault her and forcibly snatch money from her.
TIMES NEWS NETWORK 22.03.2018
Chennai: Confirming life sentence awardedby a trial court to a man who sexually assaulted his daughter, the Madras high court notedthat given the nature and magnitude of the offence the sentence imposedwas inadequate.
“We feel remorse to observe that no words of solace and comfort, no amount of compensation, no amount of punishment to the accused can undo the damage done to the child and her innocence,” the court said.
“We hope and believe that time, the great healer, will restore her back to normalcy. At the same time, we could only observe that even though we feel that the sentence imposed on the accused is inadequate, we could not also enhance the sentence than the one our legislators have indicatedunder the Pocso Act for such offences,” a division benchof Justices R Subbiah and AD JagadishChandira said.
The bench made the observation whiledismissing an appeal moved by A Kalimuthu assailing the order of Madurai Mahila Court dated April 23, 2016 sentencing him to life under sections 5 (I) read with6 of Pocso Act. This apart, the trial court had orderedthestate government to pay Rs 10 lakh as compensation to the victim for the trauma and mental disturbance suffered by her.
According to the prosecution, the victim was 16 when she was sexually assaulted. The accused was jobless, addicted to alcohol and drugs. The victim’s mother, a domestic worker, was the sole breadwinner of the family. The accused used to quarrel with his wife and often demanded money for liquor. Whenever she refused to pay, the accused would assault her and forcibly snatch money from her.
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