Special Judge (POCSO), Senapati awarded convict Santosh Limbu on Friday to rigorous imprisonment for 20 years along with a fine of Rs 20,000 for raping a minor.

The conviction of the 22-year-old man under section 6 of POCSO Act, 2012 was announced on Tuesday by Special Judge POCSO, Senapati.  

The accused person was convicted for committing penetrative sexual assault which is punishable with imprisonment of either description for a term which shall not be less than 20 years (as amended by the Protection of Children From Sexual Offences (Amended) Act, 2019) and may be extended to imprisonment for life.

The court stated that the main purpose of the Protection of Children from Sexual Offences Act (POCSO), 2021 is to protect children from offences of sexual assault, sexual harassment and pornography. And also, to protect the child's right to privacy and confidentiality and also to let children be respected by every person and also look after the best interest and well-being of the child which is to be given paramount importance at every stage and to ensure the healthy, physical, emotional, intellectual and social development of the child.

“Unfortunately, the act of the convict was an anathema to the social balance and devastation of social trust particularly to the children of our nation,” the court observed.

For this, the victim needs to be given adequate compensation for rehabilitation and reintegration. Not only this, adequate fines should also be imposed to the convict for the cause committed by the convict to the victim, it stated.

The Special Public Prosecutor submitted that the victim girl suffered severe mental trauma due to the act committed upon her by the convict at such a tender age. She is unable to recover and is not in a position to mingle together with her other friends and this incident has left her in a situation which she is unable to get over, it was submitted.

“Because of this incident, it has left a big vacuum in her life which will take years to get over to her normal life. Her future life and academic career has been spoiled for no mistake on her part and nothing can be done to bring her life into the mainstream,” it was submitted.  

The victim girl belongs to a very poor family from a remote hill village. The Legal Aid Counsel for the convict submitted that he is a person having a wife and one child. He is the only bread earner of his family; there is no evidence of bad moral character of the convict prior to this incident. A prayer was also submitted for sentencing the convict to the minimum sentence provided under section 6 of POCSO Act, 2012.

The convict prayed the Court to forgive and release him from the jail and submitted that he will never commit such a crime again in future after he is released.

The court opined that it should respond and settle with what would be deterrent punishment for what was apparently an abominable crime. The court observed that the crime committed by the convict was so inhumane, barbaric and merciless and his intention and motive were beyond the thoughts of a rational human being. Such cruelty and inhuman act deserves to be wiped out and there is no mitigating factor to deter in lesser punishment, the court stated.  

With these observations, the court sentenced him with a rigorous imprisonment and fine.  Furthermore, the court recommended providing the victim with compensation under section 357 A(2) CrpC.

It also recommended to pay compensation by invoking Sec 33(8) of the Protection of Children from Sexual Offence, 2012 and as per NALSA, a compensation scheme for Women Victims/Survivors of Sexual Assault/other Crimes -2018, a sum of Rs 7,50,000 ( Rs 5 lakh for aggravated penetrative sexual assault (rape) and since the victim is a minor of only 12 years, the benefit of 50 per cent enhancement is given as per proviso to Sl. 9(3) of NALSA Schemes -2018) is to be given to the victim through victim mother, within 60 days from the date of receipt of the order.

The Secretary, District Legal Services Authority, Senapati has been directed to take necessary action as per law.