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Surat: 3 years later, UP youth gets 20-year jail term for raping minor
The accused, a juvenile at the time of the crime, was tried as an adult
Talking to The Indian Express, prosecution lawyer Munjal Brahmbhatt said, “This is the first case in the history of Surat wherein a minor [at the time] has been convicted in a rape case and sentenced to 20 years. We are satisfied with the court’s order. The conviction was based on the medical examination report, the DNA report and the victim's deposition before the court.”
THE SURAT District Court on Monday convicted a 20-year-old man (aged 17 years at the time of the crime in 2023) and sentenced him to 20 years in prison for raping a minor girl.
As per the case details disclosed by the police, a woman resident approached the jurisdictional police station on February 16, 2023, and registered a rape complaint against a 17-year-old youth of the same chawl where she lived in Surat.
The complainant alleged at the time that the accused raped her minor daughter three times in his room a few months ago. The girl fell ill on February 15 that year and was taken to a nearby private hospital, where doctors found that she was three months’ pregnant. The police registered offences under IPC Act sections 376(2)(J)(N) (commits rape on a woman incapable of giving consent), 376(3) (Punishment of rape involving a victim under 16 years of age), 376(A)(B) (Punishment for rape on child under 12 years), POCSO Act sections 4, 5(J)(II)(L), 6.
Acting on the complaint, the police picked up the accused, then aged 17, who hails from Uttar Pradesh and was staying with his parents. The police conducted a medical examination of the girl and the accused. A DNA test was also carried out at the FSL (Forensic Science Laboratory) office in Surat by the police.
The accused was later sent to a children’s observation home in Surat by the police. The police submitted an application to the Surat district court to run the case treating the accused as an adult. The case was first heard in the Juvenile Justice Board. The police submitted a chargesheet to the Surat district court, along with medical and other documentary evidence, apart from witnesses. However, after taking the court’s permission, the pregnancy was aborted.
From the prosecution side, Additional Public Prosecutor M K Brahmbhatt pressed rape charges on the accused in the court of Surat district Additional Session Judge V V Parmar. The charges were defended by defence lawyer E I Gamit.
After the case hearing, Surat district Additional Session Judge V V Parmar convicted the accused on Monday.
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The order read, “The accused is convicted under rape charges and punished with 20 years of imprisonment. Under the Gujarat Victim Compensation Scheme, the victim should receive a total of Rs 11 lakh.”
It added, “The convict should be sent to the Zonal Observation home in Mehsana, and later, when he completes 21 years of age, he should be sent to the Surat Central jail to finish his remaining term.”
Talking to The Indian Express, prosecution lawyer Munjal Brahmbhatt said, “This is the first case in the history of Surat wherein a minor [at the time] has been convicted in a rape case and sentenced to 20 years. We are satisfied with the court’s order. The conviction was based on the medical examination report, the DNA report and the victim’s deposition before the court.”
The defence lawyer, E I Gamit, was unavailable for comment.
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