Rape of minor Convict sentenced to 12 years RI with fine
Source: The Sangai Express
Imphal, October 12 2017:
In a landmark judgement, Special Judge of POCSO Imphal West, Maibam Manojkumar sentenced 62 year old rape convict, Huidrom Bheigya, to 12 years rigorous imprisonment and a fine of Rs 20,000, under section 4 of POCSO Act 2012 .
The sentence was announced today by the Special Judge POCSO after the sentence hearing of the case against Huidrom Bheigya (62) s/o (L) H Angangyaima of Komlakhong Ereima Maning Leikai .
The rape case dates back to September 1, 2015, when the convict sexually assaulted the minor girl when she along with her sibling went to the shop owned by the convict to buy some few things .
At the shop the convict coaxed her inside the shop and sexually molested her .
The following day the mother of the girl lodged a complaint with Mayang Imphal police station narrating the incident of the previous day .
Acting on the complaint, Mayang Imphal police arrested the accused and handed him over to women police station, Imphal West .
Today's hearing was held in connection with the sentence to be awarded to Huidrom Bheigya, who was convicted under section 4 of POCSO Act for committing penetrative sexual assault which is punishable with imprisonment for a term which shall not be less than 7 years but which may extend for life and also be liable to fine .
The Court heard Special Public Prosecution, A Nilachandra and the defense counsel of the convicted accused .
A Nilachandra submitted that the accused is a matured individual having full knowledge of the situation and prayed to the Court to award maximum sentence of life imprisonment for committing the offence .
The defense counsel contended that the convict is now an aged person of 62 years and also has an aged wife with an unsound mind and there is no antecedent of the accused.
He further submitted that on the day of the incident, the accused was fully drunk and the act was committed under the influence of alcohol .
The defense counsel also submitted that the convict has been in Judicial custody since the day of the incident and prayed for awarding minimum sentence .
The Special Court perused all the material on record, the submission of the Special PP and the defense counsel, the ratio laid down by the Supreme Court of India regarding the sentence in rape/ penetrative sexual assault case and other mitigating factors submitted by the defense counsel .
The Court mentioned that the act committed by the convict on a 9 year old minor and who used to call him grandfather, is a very inhuman act and thus find it reasonable to sentence the accused.
The Court sentenced the convicted accused, Huidrom Bheigya, to rigorous imprisonment for a period of 12 years and also imposed a fine of Rs 20,000 under section 4 of POCSO Act .
The Court order also mentioned that in default of payment of the fine, the convict has to undergo six months simple imprisonment .
The Court ordered the fine amount to be deposited to the Court and mentioned that the amount will be given to the victim as compensation .
The order further mentioned that the period which the convict has already undergone in Judicial custody during the time of investigation as well as during the trial, if any, will be set off from the sentence awarded by the Court .
The Court also recommended providing compensation to the victim under the Victim Compensation Scheme .
Forwarding a copy of the order to Manipur State Legal Service Authority to do the needful, the Court further recommended providing a compensation of Rs 2 lakh from 'A scheme for restropective justice', for financial assistance and support service to victim of rape, launched by the Ministry of Women and Child Development, Government of India, to the minor victim .
It may be mentioned that the trial was taken up before the Special Court POCSO Imphal West, after the IO of the case submitted a charge sheet before the Court following the investigation of the case with 12 prosecution witnesses .
The trial of the case was held as special POCSO trial case number 4 of 2016 .
The convict was arrested by Mayang Imphal police station on the same day the complaint was lodged and handed over to women police station, Imphal West.
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