New Delhi, Mar 31 The Delhi High Court has awarded a 10-year jail term to a woman for abetting the commission of offence of rape by her minor brother in 2013.
Justice Chandrasekharan Sudha said betraying the trust placed in her, the convict played an "active and deliberate" role in luring the survivor and was not only present during the act but also threatened her not to disclose the crime.
According to the prosecution, the convict conspired with her brother and lured the survivor to a secluded place in Najafgarh with the false promise of employment, where the brother committed the offence.
Taking into account the convict's criminal record, including a murder case, the judge observed that this case was part of a "continuing pattern of criminal behaviour rather than an isolated incident" and that the convict showed no reformation.
Directing the convict to undergo ten years of rigorous imprisonment for offences under section 109 (abetment) read with section 376 (rape) of the Indian Penal Code (IPC) and to pay a fine of Rs 50,000, the court said, "a lenient approach in the case on hand, where the convict continues to be involved in serious criminal activities, would be wholly misplaced and contrary to settled sentencing principles."
It also imposed five-year rigorous imprisonment under Section 366 (Kidnapping, abducting or inducing woman to compel her marriage, etc) along with a fine of Rs 20,000 and imprisonment of one year and three months under section 506 Part II (criminal intimidation) and section 323 (Punishment for voluntarily causing hurt) of IPC, respectively.
In the sentencing order passed on March 25, the court clarified that all sentences shall run concurrently.
The court further directed that out of the fine amount, Rs 50,000 shall be paid to the survivor as compensation and also asked the Delhi State Legal Services Authority to award further appropriate compensation to the survivor.
The survivor has suffered significant emotional, mental and physical trauma while fighting for justice for more than a decade, and compensation should be awarded to "provide some support for the suffering endured" by her, the court said.
On February 23, the court set aside the acquittal of the convict and allowed the State's appeal, holding her guilty of offenses punishable under Sections 366, 376 read with Section 109 IPC Sections 506 Part II and 323 of the IPC.
The trial court acquitted the convict in 2015, giving her the benefit of doubt.
While convicting, the court said although the physical act of rape was committed by her brother -- a 'child in conflict with law' -- the evidence established that the convict "intentionally aided and facilitated the commission of the offence".
The court noted that the convict induced the survivor by deceitful promises, brought her to a secluded place, remained present during the assault, prevented resistance, and guarded the area."
"Such acts clearly amount to abetment, as they were done with prior knowledge and intention that PW3 would be subjected to sexual assault. Therefore, the accused is liable to be punished for the offence of rape under Section 376 IPC read with Section 109 IPC, even though she did not herself commit the physical act," the court said.
The court further stated that after the sexual assault, the convict threatened the survivor with death and harm to her family if she disclosed the incident to the police.
