New Delhi, A Delhi court has sentenced a convict in a minor’s rape case to five years’ imprisonment which he already underwent observing it must not be swayed by emotions and follow judicial principles.
The verdict paves way for the release of the 40-year-old convict.
Additional sessions judge Babita Puniya was hearing the arguments on sentencing against the man who was charged for rape under IPC and the Protection of Children from Sexual Offences for committing aggravated sexual assault.
Special public prosecutor Sharawan Kumar Bishnoi said the convict did not deserve any leniency.
The December 13 order said a court couldn’t ignore the principles laid down by the Supreme Court on sentencing.
It said in the interest of justice, a sentence proportionate to the offence’s gravity had to be imposed.
“Excessive punishment does not serve the interest of justice or society,” it said.
The convict was stated to be the minor survivor’s neighbour and despite being in a position of trust, lured and sexually assaulted the child.
“Thus, his behaviour with her was not only a disgusting abuse of physical power but also a violation of trust as a neighbour. He acted in a manner unacceptable in our society,” the court said.
It noted the convict had already spent 5.4 years in prison.
“I consider a sentence of imprisonment for the period already undergone by the convict with a fine of ₹10,000 appropriate,” the judge said.
“This would provide just retribution, adequate protection to society and make the convict realise the gravity of his act, while also leaving scope for rehabilitation,” the judge said.
The court awarded ₹8.25 lakh in compensation to the survivor.
A case was registered against the accused under Sections 376-AB /511 of the IPC and under provisions of the POCSO Act.
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