Court slaps 20 years RI on rape convict
Source: The Sangai Express
Imphal, October 19 2018:
Maibam Manojkumar, Special Judge POCSO Imphal West, sentenced 37 year old rape convict Sandam Bhogen to 20 years of rigorous imprisonment and imposed a fine of Rs 30,000 on him.
Sandam Bhogen s/o S Bheigya of Sairemkhul Mayai Leikai, who was convicted by the Court on October 16 in connection with aggravated penetrative sexual offence against a (then) 3 and half months old victim under section 6 of the POCSO Act, was produced before the Court for the sentence hearing from Sajiwa Central Jail today.
During the hearing today, the Court heard the submission of A Nilachandra, Additional PP of the State, and Advocate RK Milan for the complainant and Advocate S Jibon, counsel of the convict.
The Additional PP submitted that Bhogen was convicted under POCSO Act for committing aggravated penetrative sexual assault on the victim, who was 3 and half year old at the time, which is a very serious offence and as such prayed for awarding life imprisonment to the convict.
On the other hand, the defense counsel of the convict contended that the convict has been suffering from various health complications like failure of the right kidney, calculi in gall bladder and spinal cord problems after he was shot by some unknown persons on August 8 last year and reasoned that if he (Bhogen) is given maximum punishment, he will die within a short period as no proper treatment facilities are available in jail.
The defense counsel further maintained that the convict is the sole bread earner for his family which consists of 6 members, including his wife and 4 daughters and added that the convict was making ends meet by rearing chickens.
The defense counsel further prayed to the Court to award the convict with the sentence which he has already served in judicial custody considering all the mitigating factors, particularly his health condition.
In reply, the Additional PP submitted that leniency in matter involving sexual offences is not only undesirable but also against public interest and prayed for rejecting the prayer of defense counsel.
After going through all the materials on record, the submission of the APP and the defense counsel, the ratio laid down by the High Court and the Supreme Court regarding the sentence of rape/ penetrative sexual assault cases, came to the conclusion that the crime committed is a very serious offence and sentenced Sandam Bhogen to rigorous imprisonment for a period of 20 years.
The Court also imposed a fine of Rs 30,000 on the convict and explained that in default of payment of the fine, he will have to undergo 6 months simple imprisonment.
The Court further instructed that the period which has already been served by the convict in judicial custody during the period of the investigation as well as during the trial, if any, will be set off from the sentence awarded.
Further the Court also recommended providing a compensation of Rs 5 lakh to the victim through her guardian, and directed Manipur State Legal Services Authority to do the needful.
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