Convict gets 5 Yrs RI under POCSO Act
Source: The Sangai Express
Imphal, December 05 2018:
Special Judge of POCSO, Imphal West Maibam Manojkumar today sentenced Mayopam Zingkhai to rigorous imprisonment of 5 years along with a fine of Rs 10,000 and also recommended a compensation of Rs 50 thousand for the victim girl.
The sentence was announced today after the sentence hearing under section 8 of POCSO Act 2012 at Special Court POCSO, Imphal West.
Mayopam Zingkhai 53 s/ o John Zingkhai of Leingangching Litan, Ukhrul district was convicted on December 3 after one and a half year long trial for sexual assault of a minor girl on December 4, 2013 at a rented house located in Imphal.
West district.
Public Prosecutor A Nilachandra submitted before the Court that convict Mayopam Zingkhai committed a serious offence and prayed to sentence him to the maximum sentence of five years imprisonment along with fine.
Defense counsel on the other hand contended that the convict has a wife and 12 children and there is no evidence of bad moral character of the convict earlier which was also agreed by the victim girl in her cross examination.
The convict is also an elderly person of the Church of his village and prayed for sentencing the convict to the time he had already undergone in jail.
After hearing both parties and perusing all the materials on record and the ratio laid down by Supreme Court of India, the Court ruled that it is reasonable to sentence the convict to rigorous imprisonment of 5 years and a fine of Rs 10,000 under section 8 of POCSO Act and in default of payment of fine the convict has to undergo another 3 months simple imprisonment.
The fine amount has to be deposited to the Court and the said amount is to be given to the victim girl as compensation.
The period which the convict has already undergone in judicial custody during the period of investigation as well as during the trial, if any, will be set off from the sentence.
The Court also recommended providing compensation of Rs 50 thousand from the Scheme known as "Financial Assistance and Support Service to Victim of Rape: A scheme for Restrospective Justice," launched by the Ministry of Women and Child Development.
It may be mentioned that the said incident took place on December 4, 2013 at around 7 pm in a rented house where the victim's family and convict stayed in adjoining rooms.
It was reported that the victim was sexually assaulted by the convict near the common toilet of the rented house.