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The Term "Fast Trial" Has a New Meaning

In a country where a fast trial is just a name or phrase, a judge in Bihar lived up to its true meaning. On November 27th, Special POCSO Judge Shashi Kant Rai sentenced a 30-year-old man to life in prison for raping an eight-year-old girl.


On the same day, the special judge examined 10 witnesses, heard the case, and sentenced the 30-year-old to life imprisonment. The case was registered under the POCSO act titled "State vs. Dilip Yadav."


According to Bar & Bench, special POCSO judge Shashi Kant Rai found the 30-year-old guilty of sexual assault and sentenced him to life imprisonment under Section 376AB of the IPC (punishment for rape on a woman under twelve years of age) and Section 6 of the POCSO (Prevention of Children from Sexual Offences).


The government advocate (prosecutor) told the court that the medical evidence as well as eye evidence proved that the 8-year-old was subjected to rape by the 30-year-old. The case of the defence was rejected by the court.


The court did not find a single point in the case of the defence to give them a chance to prove their point of view. The court, while rejecting the case of the defendants, relied greatly on the testimony of the 8-year-old survivor and said that there was no reason to disbelieve her. "Nothing has been taken from the mouth of this witness," the court wrote in its order. She has remained steadfast and consistent, and nothing has been elicited in order to demolish her trustworthiness and credibility. "


The court backed their judgement on the Supreme Court ruling in Sakhare vs. State of Maharashtra, in which it said that "If a child witness is found to be competent, such evidence could be the basis of conviction." and hence, after examining the witnesses on the same day, found that the 30-year-old was guilty of raping the girl and sentenced him to life imprisonment.


The judge heard from both parties on the same day. The accused submitted to the court that he is the sole earner of his poor family and requested the court to take a lenient view while sentencing him, while the public prosecutor demanded the maximum punishment as the crime of rape impacts the whole society. 


In its order, the court ruled out any lenient view, stating that rape and sexual assault are on the rise and have a negative impact on society as a whole.


“I am of the opinion that the offence which has been committed by the accused, who is aged about 30 years, and the victim girl, who is about 8–9 years old and has not yet developed any signs of secondary sex, does not deserve any leniency.” read the court order.


The convict was also fined Rs. 50,000, of which 75% will be given to the rape survivor.


In a country where a fast trial is just a name or phrase, a judge in Bihar lived up to its true meaning. On November 27th, Special POCSO Judge Shashi Kant Rai sentenced a 30-year-old man to life in prison for raping an eight-year-old girl.


On the same day, the special judge examined 10 witnesses, heard the case, and sentenced the 30-year-old to life imprisonment. The case was registered under the POCSO act titled "State vs. Dilip Yadav."


According to Bar & Bench, special POCSO judge Shashi Kant Rai found the 30-year-old guilty of sexual assault and sentenced him to life imprisonment under Section 376AB of the IPC (punishment for rape on a woman under twelve years of age) and Section 6 of the POCSO (Prevention of Children from Sexual Offences).


The government advocate (prosecutor) told the court that the medical evidence as well as eye evidence proved that the 8-year-old was subjected to rape by the 30-year-old. The case of the defence was rejected by the court.


The court did not find a single point in the case of the defence to give them a chance to prove their point of view. The court, while rejecting the case of the defendants, relied greatly on the testimony of the 8-year-old survivor and said that there was no reason to disbelieve her. "Nothing has been taken from the mouth of this witness," the court wrote in its order. She has remained steadfast and consistent, and nothing has been elicited in order to demolish her trustworthiness and credibility. "


The court backed their judgement on the Supreme Court ruling in Sakhare vs. State of Maharashtra, in which it said that "If a child witness is found to be competent, such evidence could be the basis of conviction." and hence, after examining the witnesses on the same day, found that the 30-year-old was guilty of raping the girl and sentenced him to life imprisonment.


The judge heard from both parties on the same day. The accused submitted to the court that he is the sole earner of his poor family and requested the court to take a lenient view while sentencing him, while the public prosecutor demanded the maximum punishment as the crime of rape impacts the whole society. 


In its order, the court ruled out any lenient view, stating that rape and sexual assault are on the rise and have a negative impact on society as a whole.


“I am of the opinion that the offence which has been committed by the accused, who is aged about 30 years, and the victim girl, who is about 8–9 years old and has not yet developed any signs of secondary sex, does not deserve any leniency.” read the court order.


The convict was also fined Rs. 50,000, of which 75% will be given to the rape survivor.


 


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Tags: #rape #minor #sexualharassment #pocso



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