Uncle gets life for sexually assaulting 1-year-old in 2012
Aamir.Khan2@timesgroup.com
New Delhi:18.11.2019
In a rare conviction in the rape of a survivor who was just one year old when she was attacked in 2012, the accused, her uncle, has been awarded a life term behind bars. The court held that he did not deserve any leniency for he not only “betrayed the family’s trust” but also displayed “extreme perversity and monstrosity”.
Given the nature of the social setting and the relationship of the survivor and the accused, special judge Dr Saurabh Kulshreshtha called it an “abhorrent act” on the child. “The accused not only betrayed the trust of the child’s family but also displayed extreme perversity and monstrosity,” said the court, which deals with cases of sexual assaults against children.
The accused and the child’s family hailed from the same village and the accused was regarded as the child’s paternal uncle according to village tradition. On December 1, 2012, the child’s father had returned home after drinking with the accused. The child’s mother claimed that the accused took her daughter out for a stroll but when her daughter did not return, she became suspicious.
The child was crying inconsolably when the mother found her with the man. On checking her body, the mother found injuries on her private parts. On hearing the mother’s cries for help, locals thrashed the accused and handed him over to the police.
In court, counsel for the survivor advocate Chandra Suman pointed out that the survivor’s medico-legal report suggested five signs of injuries indicating sexual assault. Besides, the forensic reports showed the presence of the DNA of the accused on the child’s clothes, he submitted. The accused was also found to have161mg/100 ml alcohol in his blood stream at the time of incident.
The advocate relied on Section 106 of the Evidence Act to argue that the burden of proving the fact that the accused was not guilty or had not committed rape was upon him. Judge Kulshreshtha observed that medical evidence clearly pointed towards rape.
The age of the survivor was crucial in determining a compensation of ₹4 lakh.
Aamir.Khan2@timesgroup.com
New Delhi:18.11.2019
In a rare conviction in the rape of a survivor who was just one year old when she was attacked in 2012, the accused, her uncle, has been awarded a life term behind bars. The court held that he did not deserve any leniency for he not only “betrayed the family’s trust” but also displayed “extreme perversity and monstrosity”.
Given the nature of the social setting and the relationship of the survivor and the accused, special judge Dr Saurabh Kulshreshtha called it an “abhorrent act” on the child. “The accused not only betrayed the trust of the child’s family but also displayed extreme perversity and monstrosity,” said the court, which deals with cases of sexual assaults against children.
The accused and the child’s family hailed from the same village and the accused was regarded as the child’s paternal uncle according to village tradition. On December 1, 2012, the child’s father had returned home after drinking with the accused. The child’s mother claimed that the accused took her daughter out for a stroll but when her daughter did not return, she became suspicious.
The child was crying inconsolably when the mother found her with the man. On checking her body, the mother found injuries on her private parts. On hearing the mother’s cries for help, locals thrashed the accused and handed him over to the police.
In court, counsel for the survivor advocate Chandra Suman pointed out that the survivor’s medico-legal report suggested five signs of injuries indicating sexual assault. Besides, the forensic reports showed the presence of the DNA of the accused on the child’s clothes, he submitted. The accused was also found to have161mg/100 ml alcohol in his blood stream at the time of incident.
The advocate relied on Section 106 of the Evidence Act to argue that the burden of proving the fact that the accused was not guilty or had not committed rape was upon him. Judge Kulshreshtha observed that medical evidence clearly pointed towards rape.
The age of the survivor was crucial in determining a compensation of ₹4 lakh.
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