Maternal uncle sentenced to 25-years in jail for raping niece

The accused will have to undergo 14th of the sentence more for every section of the quantum of punishment awarded, if he fails to deposit the fine, the order of the learned judge said.As per order, the fine released from the accused would be given to the victim, however, the government will have to pay the amount as compensation to victim in case the accused fails to deposit the fine, the ADGC criminal concluded.

A court here has sentenced the maternal uncle of a teenage girl to 25-years imprisonment, along with heavy fine, for raping his niece in Vrindavan area over four years ago.

Additional Special Judge (POCSO court) Amar Singh pronounced the judgement on Monday, ADGC (criminal) Subhash Chandra Chaturvedi said. According to the prosecution case filed by father of the girl on September 20, 2017, his brother-in-law Dharmpal eloped with his 15-year-old niece by alluring her, the ADGC (criminal) said.

Both were found by Mainpuri by police and the girl disclosed in her statement to police and the court that she was also raped by her maternal uncle.

According to ADGC (criminal), on the basis of investigation by investigating officer Anil Kumar Sharma, the case was registered under sections 363, 366, 376 of the IPC and POCSO Act.

The defence counsel Nyay Mitra Hukum Singh pleaded for lenient view as the incident is doubtful, accused is poor and the first time offender.

However, ADGC (criminal) pleaded for exemplary punishment to accused as he is maternal uncle of the minor girl and instead of protecting her, he himself raped her.

The judge sentenced accused Dharmpal for multiple durations under different sections of the IPC, with the maximum imprisonment of 25 years, which will run concurrently.

He was sentenced 7-years with fine of Rs 10 thousand under IPC section 363, 10-years with fine of Rs 20 thousand under IPC section 366 IPC, 20-years with Rs 50 thousand fine under IPC section 376 and 25-years along with a fine of Rs one lakh under POCSO. The accused will have to undergo 1/4th of the sentence more for every section of the quantum of punishment awarded, if he fails to deposit the fine, the order of the learned judge said.

As per order, the fine released from the accused would be given to the victim, however, the government will have to pay the amount as compensation to victim in case the accused fails to deposit the fine, the ADGC (criminal) concluded.

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