The Court rejected the request for leniency in awarding the sentence (Representational)
Delhi's Tis Hazari court has recently sentenced a man to life imprisonment for raping and impregnating his minor daughter aged 17. She gave birth to a child. This case pertains to Police Station Nihal Vihar area and an FIR was lodged in the year 2022.
Special judge (POCSO) Babita Punia sentenced the convict to life imprisonment under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The court said that life imprisonment shall mean the remainder of the natural life of the convict. The Court has also imposed a fine of Rs 10,000 on the convict.
However, no separate sentence is awarded for offences under Section 354 A and Section 12 of the Indian Penal Code (IPC) as they were committed in the course of the same transaction.
The Court rejected the request for leniency in awarding the sentence and said, "The "diabolical" nature of the crime and the fact that the victim was the convict's daughter and was in his care and protection clearly outweigh the personal circumstances of the convict, including his age."
"The interest of justice demands that maximum sentence prescribed by the legislation must be imposed. The convict has failed dismally to show existence of substantial and compelling reasons for taking a lenient view," Special judge said in the order passed on March 22, 2024.
The court also noted that the convict used to write letters to his daughter during the course of the trial to emotionally influence her.
Praying to take a lenient view, it was submitted that the convict was the family's sole bread earner, he was under the influence of alcohol and could not differentiate between his wife and daughter.
The wife (mother of the victim) of the convict also prayed to the court for leniency. It was submitted by the Delhi Commission for Women's (DCW) counsel that the convict has shown no remorse for his horrendous rape of his daughter.
"He did not care that the victim was his own daughter or he was the protector as in Indian culture the one who protects is known as father. However, he turned predator when his wife was not at home," the DCW argued.
The Court has awarded compensation of a total of Rs 13 lakh to the victim for her relief and rehabilitation.
The Court has directed the jail authorities to pay 70 per cent of wages earned by the convict to his family for its needs and the remaining 30 per cent amount may be utilised by the convicts for his personal needs. However, he is at liberty to transfer more amount to his family, it said.
The Delhi Commission for Women (DCW) counsel also said that the convict's wife works in a private school and earns just Rs 5-6,000 per month, and it was not sufficient for the family.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)