New Delhi: The "rape of a child is atrocious", observed a Delhi court while sentencing a 28-year-old man to rigorous imprisonment of 20 years for raping an eight-year-old girl in 2016. Additional Sessions Judge Babita Puniya was hearing the arguments on sentencing against the man, who was convicted under Section 376 (2) (rape of a girl under 16 years of age) of the IPC.
Special Public Prosecutor Sharawan Kumar Bishnoi sought maximum punishment for the heinous act. "Rape of a child is atrocious. Children are the most precious asset of any society. Society must not only protect them from sexual violence and predation but also to keep them happy," the court said in its verdict dated November 11.
The court noted that the convict committed the offence of kidnapping and raping the child when she was on her way to an eatery to buy noodles on April 3, 2016. "What was supposed to be a simple joyous outing turned out to be a violent and traumatic one (for the child) that would stay with her for the rest of her life," it added.
The judge also rejected the argument that a lenient view must be taken as it was a case of digital penetration. "I do not agree. The legislature has not made any distinction between digital penetration and penile penetration. Penetration, as per rape law, can be penile/vaginal, penile/oral, penile/anal, object or finger/vaginal and object or finger/anal penetration," he said.
The judge said that sentencing had to achieve the right balance between crime and punishment. "I consider a sentence of twenty (20) years of rigorous imprisonment to be appropriate. In my considered view this would provide just retribution, adequate protection to society, and make the convict realise the gravity of his act, while also leaving scope for rehabilitation," he said.
The court also awarded Rs 13.5 lakh compensation to the victim.
