Editor Mr.Mayank Rawat ( Chief Editor Mr. Rohit Mishra )
New Delhi: Sentencing a man to rigorous life imprisonment for kidnapping and sodomising a 12-year-old boy, a court has urged policymakers to consider “socio-psychological factors” to find lasting solutions for the increase in rape cases.
“Unless the strategy to eliminate rape from our society addresses the causes of child rape, we will continue to treat the symptoms, not the causes of the same and other sexual crimes,” observed the court of additional sessions judge Babita Puniya in its order dated April 16.
The court was hearing the arguments on the quantum of sentence against the 47-year-old man, who was convicted under Section 6 (aggravated penetrative sexual assault) of Protection of Children from Sexual Offences Act and the penal provisions for unnatural offences.
Special public prosecutor Nishant Kumar urged the court to award the strictest and severest sentence to the convict, submitting that the survivor was about 12 years old when he was kidnapped and sexually assaulted repeatedly in Feb 2023 by the man.
Noting that the crime violated the values of human dignity and that the convict deserved to be permanently ousted from society, the judge observed, “The crime committed by the convict was not only grave and heinous but also alarming and violated the values of human dignity, safety and security. Thus, the demand for his permanent removal from society is justified because if he is allowed back into society, he could pose a threat to it.”
The judge rejected the convict’s plea for leniency, saying the child deposed about being thrashed when he screamed in pain. The judge said, “Thus, one who did not show mercy to the child does not deserve the sympathy of the court.”
She also dismissed the plea for a lenient sentence on the grounds of being the sole breadwinner for his family. The judge said, “I am not convinced with the plea in his mitigation. He must be aware that by committing the crime he will put his family in danger. So, the fact that he is a breadwinner cannot be considered as a mitigating circumstance in his favour.”
The court further said the convict’s illiteracy could not also be a mitigating factor, particularly in “morally repugnant” Pocso or sodomy cases.
Mayank Rawat
