Delhi High Court sentenced 10 years of rigorous imprisonment to the woman who helped in raping a minor.
In a sensational case of 2013, the Delhi High Court has sentenced a woman accused of helping her minor brother in getting raped and sentenced her to 10 years of rigorous imprisonment. The court said in its order that the accused woman played an active and deliberate role in the crime by breaking the trust of the family. A bench of Justice Chandrashekharan Sudha said that the accused woman called the victim to a deserted area of Najafgarh on the pretext of a job, where her minor brother raped her. The court found that the woman was present at the spot during the incident and also forced the victim to remain silent by threatening her.
The court sentenced the woman under various sections of the Indian Penal Code (IPC) including section 376 (rape) and section 109 (abetment/abetment) to 10 years of rigorous imprisonment and a fine of Rs 50,000. 5 years imprisonment and a fine of Rs 20,000 under Section 366 (kidnapping/abduction by force). Additional punishment was also given under section 506 (criminal intimidation) and section 323 (assault). All sentences will run concurrently, resulting in a heavier overall punishment for the accused.
The court also said in its judgment that the criminal history of the accused, which also includes a case of murder, shows that this was not an isolated incident but part of a persistent pattern of criminal behaviour. The court made it clear that showing leniency in such cases would be against the principles of justice.
In the 2013 minor rape case, the High Court convicted a female accused and sentenced her to 10 years of rigorous imprisonment and other fines. The case was important because the trial court had acquitted the accused giving the benefit of doubt in 2015, but on the appeal of the state government, the High Court overturned that decision on 23 February.
Along with the punishment, the court ordered Rs 50,000 to be given as compensation to the victim out of the fine amount. Along with this, Delhi State Legal Services Authority was also directed to provide additional compensation to the victim. A bench of Justice Chandrasekaran Sudha observed that the victim has suffered mental, physical and emotional suffering for more than a decade, hence it is necessary for her to get appropriate assistance along with justice.
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