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This is an archive article published on November 24, 2023

Separate cases in Vadodara and Panchmahal: POCSO courts convict 2 to 20 yrs in jail for raping minors

The court also slapped a fine of Rs 10,000 on the accused and has ordered the District Legal Services Authority to compensate the victim as per the provisions.

gavelIn both cases, courts upheld the medical examination reports as well as depositions of the witnesses and also "considered the age" of the accused before sentencing the convicts.
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Separate cases in Vadodara and Panchmahal: POCSO courts convict 2 to 20 yrs in jail for raping minors
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Two Special Courts for Protection of Children from Sexual Offences Act (POCSO) cases in Vadodara and Panchmahal district sentenced two offenders to 20 years imprisonment in separate cases involving survivors aged 16 and 15 years respectively. In the orders pronounced Wednesday, the POCSO courts convicted the accused considering the “gravity of crime” and also ordered compensation for the victims.

In the Vadodara POCSO case, the court convicted the 30-year-old accused for kidnapping and raping a 16-year-old by luring the minor for marriage. According to the 2021 case, the accused had kidnapped the minor by enticing her for marriage and thereafter, confined her to a house in Surendranagar for three months where she was raped multiple times. The court considered the statement of the survivor that although she was in a relationship with the accused, he had “prohibited her from visiting her home as she had no money to travel on her own”.

The court also slapped a fine of Rs 10,000 on the accused and has ordered the District Legal Services Authority to compensate the victim as per the provisions.

In the Panchmahal case, the court ordered a compensation of Rs 4 lakh to the 15-year-old survivor in which the accused, who is 24 years old, was convicted for 20 years. The FIR in the case was filed on January 15, 2022, when the accused allegedly kidnapped the survivor from the backyard of her village home while she was washing her hands and dragged her to a nearby field and raped her. The court dismissed the defence plea that the accused had been falsely booked as the survivor’s father had animosity with the father of the accused over the demarcation of their adjoining farmlands.

Also dismissing the defence argument that the standing crops of pigeon peas in the farm where the said crime occurred had not been damaged, the court held, “The question of discharging the reverse burden by the accused would arise only when the initial burden cast on the prosecution is discharged to the satisfaction of the court…”

In both cases, courts upheld the medical examination reports as well as depositions of the witnesses and also “considered the age” of the accused before sentencing the convicts to 20 years in prison under various sections of the Indian Penal Code as well as the POCSO Act.

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