Court Affirms Life Imprisonment and Compensation for Victim, Citing Strong Evidence and Statutory Presumptions Under POCSO Act
In a significant ruling, the Rajasthan High Court has upheld the conviction of Manoj, who was sentenced to life imprisonment for the heinous crime of raping his minor daughter. The judgment, delivered by a division bench comprising Justices Vinit Kumar Mathur and Chandra Shekhar Sharma, reaffirmed the trial court's decision, which found Manoj guilty under Sections 376(2) and 376AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The court also directed the State of Rajasthan to provide a compensation of Rs. 7,00,000 to the victim under the "Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018."
The case originated from an FIR lodged by the victim's mother, detailing the appalling incidents of sexual assault committed by Manoj when she was away from home. The victim, a minor, provided a credible testimony that was corroborated by medical evidence and statutory presumptions, which the accused failed to rebut. Despite the defence's contention of false implication due to marital discord, the court found no substantive evidence to support this claim.
The judgment emphasized the importance of protecting children's dignity and the need for stringent penalties to deter such grievous offenses. It drew attention to the statutory presumption under Section 29 of the POCSO Act, which remained unrebutted, further solidifying the case against the accused. The court also highlighted the psychological trauma inflicted on the victim, underscoring the necessity for compensation to aid in her recovery.
This ruling aligns with the Supreme Court's stance in similar cases, where the emphasis on victim compensation and the severity of punishment for sexual crimes against minors have been consistently reinforced. The Rajasthan High Court's decision sends a strong message about the judiciary's commitment to safeguarding children's rights and ensuring justice for survivors of sexual violence.
Bottom Line:
Conviction of a father for committing rape on his minor daughter under Sections 376(2), 376AB IPC and Section 6 of POCSO Act upheld. Victim's testimony, medical evidence, and statutory presumptions under POCSO Act found credible. Compensation awarded under the "Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018."
Statutory provision(s): Sections 376(2), 376AB of the Indian Penal Code, Section 6 of the POCSO Act, Indian Evidence Act Section 114(a), Section 29 of the POCSO Act, Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018.
Manoj v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2834908
