Lucknow. The special POCSO court of the capital has given a strict and example-setting verdict in the seven-year-old case of kidnapping and rape of a minor. The court of Special Judge (POCSO Act) Mohammad Kamruzzama Khan has convicted the accused Abhishek Verma and sentenced him to 10 years of rigorous imprisonment. The court also gave a clear order that the entire amount of fine recovered from the convict should be given to the victim for her rehabilitation.
Background of the case
This case was registered in Ghazipur police station on 7 February 2019. 127/2019. The victim’s father had filed a complaint in the police station saying that his 13-year-old minor daughter had gone to the market, but did not return. During the investigation of the missing person registered by the police, facts came to light that the accused Abhishek Verma lured the minor and took him first to Bengaluru and then to Surat, where she was sexually exploited.
Legal proceedings and parties
During the hearing of the case, the prosecution presented concrete evidence and witnesses. On behalf of the prosecution, Special Public Prosecutors Abhishek Upadhyay and Arun Kumar presented the victim’s side strongly while making an effective plea. The defense sought leniency in the sentence citing the accused being less educated and having no prior criminal history, which the court rejected considering the seriousness of the crime and the age of the victim.
Court’s comments and sentencing details
The court said in its decision that sexual offenses against a minor weaken the roots of the society and there is no place for mercy in such cases. The following punishments were awarded to the convict-
Section 376 (rape): 10 years rigorous imprisonment and ₹ 10,000 fine
Section 366 (Kidnapping): 5 years imprisonment and ₹ 5,000 fine
Section 363 (Kidnapping): 3 years imprisonment and ₹3,000 fine
The court ordered that all the sentences would run concurrently, and the period already spent by the accused in jail would be adjusted in the sentence.
Evidence, witnesses and co-accused
The prosecution presented a total of eight witnesses in the case, of which chief investigator Ashok Kumar Rajbhar and medical officer Dr. Sandeepa Srivastava were prominent. Whereas co-accused Vikas Kumar was acquitted due to lack of evidence. The victim clarified in her statement that Vikas neither played any role in taking her away nor did any wrongdoing with her.
Emphasis on rehabilitation of the victim
Following the principle enunciated by the Hon’ble Supreme Court (Nipun Saxena vs. Union of India), the Court has ordered a copy of the judgment to be sent to the District Legal Services Authority (DLSA), Lucknow, so that additional compensation to the victim can be considered. This decision of the court is not only an important step towards providing justice to the victim, but also gives a clear message to the society that the law will take strict action against crimes against women and children and the culprits will not be spared at any level.
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