New Delhi, March 26 A court here has sentenced a 72-year-old man to 20 years of rigorous imprisonment for raping a minor last year, stating that despite the victim addressing him as "grandfather," he exploited her to satisfy his lust.
Highlighting the betrayal of trust and the erosion of societal values, Additional Sessions Judge Babita Puniya said that the crime shattered the societal notion that elders protect children.
Judge Puniya was hearing arguments on sentencing against the man, who had been convicted under the penal provision for rape and Section 6 (aggravated sexual assault) of the POCSO Act.
In its order dated March 24, the court said that the victim was merely eight years old, and therefore, the relative age of the convict and the victim was the most aggravating factor in the case.
"The victim used to call him 'dada,' but he exploited her to satisfy his covetousness and selfish needs – his lust," the court said.
"In our considered opinion, this assault is not only on the child but also profanes the very reverence our society holds for elders, eroding the foundation upon which families and communities rest. This also shatters our notion that elders protect children," it said.
It dismissed the defense argument seeking a lenient sentence on the grounds that it was "not a case of penile-vaginal rape but of oral rape."
"The legislature has made no distinction whatsoever between penile-vaginal, penile-oral, penile-anal, digital, or any other form of penetration. Oral rape (fellatio/oral penetration) squarely falls within the definition of penetrative sexual assault," the court said.
It then sentenced him to 20 years of rigorous imprisonment for committing the offense under Section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Act.
Beyond the 20-year prison term, the court highlighted the necessity of victim compensation.
It said, "True, the compensation cannot heal the trauma or pain suffered by a child victim, nor can it erase the violation of innocence, restore lost childhood, or fully heal the deep emotional wounds inflicted by the perpetrator's actions."
Nevertheless, the court said, compensation can serve as a partial measure of restorative justice by providing tangible support for rehabilitation and education.
It granted Rs 13.5 lakh compensation to the victim.
"In addition, the District Child Protection Unit (DCPU) shall arrange trauma-informed counselling/ psychological evaluation for the child/ victim by a qualified child psychologist," the court said, adding that the counselling would address the child's feelings of pressure, confusion, alienation, and discomfort.