A special POCSO court in Thane sentenced a 65-year-old man to life imprisonment for the remainder of his natural life for raping a minor in Dombivali.
The court also imposed a monetary fine on the convict, directing the amount to be paid directly to the victim as compensation.
The presiding judge highlighted the severe nature of crimes against children to justify awarding the maximum statutory penalty.
POCSO Court Hands Life Term Till Natural Death To 65-yr-Old Man For Minor's Rape In Dombivali
A special POCSO court in Thane sentences a 65-year-old man to life imprisonment for the remainder of his natural life after convicting him of raping a minor girl in Dombivali
Summary
A special court in Maharashtra's Thane district has sentenced a 65-year-old man to life imprisonment until natural death for repeatedly assaulting a 10-year-old girl over three years and impregnating her.
Special Judge Laxmikant A Bidwai of Kalyan court on Friday observed that convict Uttam Nikalje, who worked as a watchman at a residential society, had committed the crime with a "cool mind for years together".
The court also slapped a fine of Rs 50,000 on him and recommended financial compensation for the traumatised survivor.
According to the prosecution, the victim was a resident of the housing society in Dombivali where the accused was employed when the assaults began during the summer of 2017.
The accused would take the child to the building's terrace, luring her with chocolates, and repeatedly subjected her to aggravated sexual assault, threatening her with dire consequences if she disclosed the abuse.
The abuse came to light on February 20, 2020, when a garbage collection crew discovered a stillborn infant wrapped in a black cloth near a garbage bin in Krantinagar. A case was registered, and during the probe, it was found that the girl had complained of severe stomach pain and was taken to a clinic and a diagnostic centre, where she experienced a natural abortion.
The survivor revealed the harrowing ordeal to her parents, and a case under relevant provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act was registered against the accused.
The court observed that the accused had committed the crime with a cool mind, for years together.
It also noted that the accused suffered from severe ailments during his time as an undertrial and had undergone hospitalisation.
"The case in hand is not the rarest of rare cases; therefore, the death penalty is not justifiable. In this scenario, it would be just and proper to award rigorous imprisonment for life to the accused. Let me make it clear that in view of section 6 of the POCSO Act, imprisonment for life shall mean imprisonment for the remainder of the natural life of the accused," the court said.
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