Rape convict slapped 20-yr RI under POCSO Act
Source: Chronicle News Service
Imphal, July 07 2025:
The Fast Track Special Court No 2, Manipur, on Monday sentenced one Huidrom Amusana (53) to 20 years of rigorous imprisonment along with a fine of Rs 5,000 after convicting him for the offence of aggravated penetrative sexual assault under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 .
In default of payment of fine, he shall undergo additional three months of simple imprisonment.
Judge W Tonen Meitei passed the sentence order in Special Trial (POCSO) Case No 14 of 2019/07/2020 after hearing arguments from the special public prosecutor M Bishambhor Singh and the newly engaged defence counsel Yumnam Surjit Singh.
The convict was earlier found guilty by the court on June 30 .
The court observed that while the offence occurred before the 2019 amendment to the POCSO Act, the conviction took place after the amendment came into force.
Referring to the legal position; the court stated that courts generally apply the law in effect at the time of conviction, and the amended law prescribes a minimum sentence of 20 years and up to imprisonment for the remainder of the convict's natural life.
Accordingly, the court found no adequate reason to exercise discretion for a lesser sentence and imposed the minimum punishment under the amended law.
During the sentencing hearing, the special public prosecutor argued that crimes against female children were on the rise and needed to be dealt with strictly to act as a deterrent.
He urged the court to impose the maximum punishment and award adequate com pensation to the victim for the physical and mental agony and social stigma suffered, recommending Rs 10 lakh.
On the other hand, the defence counsel submitted that the convict had no prior criminal record and was the sole breadwinner of his family, which included his wife, three dependent children, and a grandson.
He also submitted that the convict had fully cooperated with the investigation and trial.
The defence requested the court to take a lenient view and impose only the minimum sentence along with fine.
After considering both the aggravating and mitigating circumstances, the court observed that the convict was around 44 years of age at the time of the offence and had no record of previous crimes.
However, it found no sufficient reason to depart from the minimum punishment Under the amended Section 6 of the POCSO Act.
The court also considered the pre-trial detention of the convict.
Records showed that Amusana was arrested on March 9, 2018, and remained in custody until October 1, 2018, totalling six months and 22 days.
This period shall be commuted from the total term of imprisonment.
Further, the court held that this was an appropriate case for awarding compensation under Section 33(8) of the POCSO Act read with Rule 9 of the POCSO Rules, 2012 .
It granted Rs 4 lakh to the victim for the mental trauma she suffered during the incident, investigation, and trial.
The compensation is to be paid by the state government from the Victim Compensation Fund or any other appropriate scheme within 30 days of receiving the order, after proper verification.
The court directed the member secretary of Manipur State Legal Services Authority, through the secretary of the District Legal Services Authority, Imphal East, to assist the victim and facilitate the compensation process.
The victim's parents were also directed to take full responsibility for her welfare, education, and healthcare.
Comment
