Rapist sentenced to 10 yrs RI
Source: The Sangai Express
Imphal, March 24 2015:
A 29-year-old chowkidar of a private school has been awarded 10 years rigorous imprisonment for raping a minor girl after being convicted under Pro-tection of Children from Sexual Offences (POCSO) Act today.
During the sentence hearing of the case taken up under special trial case number 24 of 2013/92 of 2013/17 of 2014 under FIR number 344 (11) 2012 of Lamphel police station under section 354/511 IPC and Sections 4, 8 of POCSO Act 2012, Special POCSO Court, Manipur East Judge A Guneshwar Sharma announced the quantum of punishment awarded to Golmei alias Boy (29) s/o (L) Panthiphun of Ramji Khul, Tera Makha, who is currently out on bail on health ground.
During today's sentence hearing, the Court announced sentences separately as one year and 10 years as per the relevant IPC and POCSO Act charged against the convict.
However, the two sentences should run con- currently.
The Court also directed the State Government to pay a compensation of Rs 2 lakh to the rape victim within one month.
During today's sentence hearing, the Special Public Prosecutor observed that the sexual assault cases on minor children are increasing in Manipur.
As such, he pleaded the Court that adequate punishment which may create a deterrent effect to potential culprits be awarded to the convict.
Seeking maximum punishment against the convict who had committed offence under 354 IPC and Section 6 of POCSO Act, the Special Public Prosecutor said that stringent punishments would send a clear message to the society that the Judiciary would not tolerate any sexual offence meted out to minors.
On the other hand, the defence Counsel said that the convict had no past criminal record and had a clean image and he is the sole earner of his family.
He also said that the convict is a cancer patient, who is undergoing chemotherapy treatment.
After hearing both the counsels, the Court announced punishments of rigorous imprisonment of one year and a fine of Rs 5000 under Section 354 IPC and in case of default of the fine, the accused must undergo simple imprisonment of three months.
Regarding Section 6 of POCSO Act, the Court awarded him 10 years rigorous imprisonment with a fine of Rs 25,000 and if the convict fails to pay the fine, then he must undergo additional two year's simple imprisonment.
However, the two sentences have to run concurrently and the period of 192 days that the convict had undergone as an under trial prisoner will be set off from the total period of sentence to be undergone, the Court decreed.
Under Section 33(8) of POCSO Act, the Court asked the State Government to pay a compensation of Rs 2 lakh to the rape survivor within 30 days.
The amount must remain as a fixed deposit in a scheduled bank till the girl attains 18 years.
However, the girl is permitted to withdraw the interest amount from time to time according to her needs.
The Court also directed the jail authority to facilitate treatment to the convict.
It may be mentioned that the incident of rape was reported on November 19, 2012 .
The girl was a class nursery student of a school located at Sagolband Moirang Hanuba Leirak in Imphal West district when the incident happened.
When the victim's mother went to the school to pick up her daughter, the girl ran out from a classroom.
The incident of rape came to the notice of parents of the girl after she complained of pains in her private part.
After the matter was complained to Lamphel police station, the convict, who was working as a Chowkidar in the school, was arrested the same day.