New Delhi, March 31 The Delhi High Court has awarded a 10-year prison sentence to a woman for aiding her minor brother in committing the crime of rape in 2013.
Justice Chandrasekharan Sudha said that the convict played an "active and deliberate" role in luring the victim and was not only present during the act but also threatened her not to disclose the crime.
According to the prosecution, the convict conspired with her brother and lured the victim to a secluded place in Najafgarh with the false promise of employment, where the brother committed the crime.
Taking into account the convict's criminal record, including a murder case, the judge observed that this case was part of a "continuing pattern of criminal behavior rather than an isolated incident" and that the convict showed no remorse.
Directing the convict to undergo ten years of rigorous imprisonment for offenses under section 109 (abetment) read with section 376 (rape) of the Indian Penal Code (IPC) and to pay a fine of Rs 50,000, the court said, "a lenient approach in this case, where the convict continues to be involved in serious criminal activities, would be wholly misplaced and contrary to established sentencing principles."
It also imposed a five-year rigorous imprisonment under Section 366 (Kidnapping, abducting or inducing a woman to compel her marriage, etc) along with a fine of Rs 20,000 and a one-year, three-month imprisonment under section 506 Part II (criminal intimidation) and section 323 (Punishment for voluntarily causing hurt) of the IPC.
In the sentencing order passed on March 25, the court clarified that all sentences would run concurrently.
The court further directed that out of the fine amount, Rs 50,000 would be paid to the victim as compensation and also asked the Delhi State Legal Services Authority to award further appropriate compensation to the victim.
The victim has suffered significant emotional, mental, and physical trauma while fighting for justice for more than a decade, and compensation should be awarded to "provide some support for the suffering endured" by her, the court said.
On February 23, the court overturned the acquittal of the convict and allowed the State's appeal, holding her guilty of offenses punishable under Sections 366, 376 read with Section 109 IPC Sections 506 Part II and 323 of the IPC.
The trial court acquitted the convict in 2015, giving her the benefit of the doubt.
While convicting, the court said although the physical act of rape was committed by her brother – a 'child in conflict with the law' – the evidence established that the convict "intentionally aided and facilitated the commission of the offense".
The court noted that the convict induced the victim by deceitful promises, brought her to a secluded place, remained present during the assault, prevented resistance, and guarded the area.
"Such acts clearly amount to abetment, as they were done with prior knowledge and intention that PW3 would be subjected to sexual assault. Therefore, the accused is liable to be punished for the offense of rape under Section 376 IPC read with Section 109 IPC, even though she did not herself commit the physical act," the court said.
The court further stated that after the sexual assault, the convict threatened the victim with death and harm to her family if she disclosed the incident to the police.