A special court here has sentenced a man convicted for raping and impregnating his minor daughter to life imprisonment, saying it was a “diabolical crime” deserving no leniency.
Additional Sessions Judge Babita Puniya was hearing a case against the 44-year-old man whom the court convicted in January.
The prosecution had charged him under the provisions of the Protection of Children from Sexual Offences (POCSO) Act for aggravated penetrative sexual assault and under the penal provisions for rape.
“The diabolical nature of the crime and the fact that the victim was the daughter of the convict and was in his care and protection, clearly outweigh the personal circumstances of the convict, including his age,” the court said.
The convict had submitted that he was the sole breadwinner of his family comprising elderly parents, his wife and four children. He also said that being under the influence of alcohol, he could not figure out whether she was her wife or daughter.
“I am not impressed by the argument of the convict in his mitigation. I cannot imagine a father who cannot differentiate between his wife and minor daughter. Even otherwise, the diabolical act was not committed once but he subjected his own minor daughter to repeated acts of rape and impregnated her,” the judge said.
In a judgment dated March 22, she said the convict deserved maximum punishment.
“The convict has failed dismally to show the existence of substantial and compelling reasons for taking a lenient view,” it said.
The court noted several aggravating factors against the convict, including that he raped her minor daughter repeatedly, following which the victim became pregnant and gave birth in February last year.
At the time of giving birth to her father’s child, the girl was 17 years old, the court noted.
It also said that during the trial, the convict had written a letter to his daughter, trying to blackmail her emotionally.
The court said the “aggravating factors outweighed the mitigating factors.”
“I conclude that there are no substantial and compelling circumstances justifying this court to deviate from the sentence of life imprisonment,” the judge said.
“Life sentence would serve the interest of justice as well of the society. Further, it will also not destroy the convict, though it will serve as a general deterrence,” she added.
The child born to the victim has been given to the special adoption agency.
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