Rupnagar, September 9, 2024 (Yes Punjab News)
A person namely Makbana Niharav Ganpat Bhai, aged about 23 years, resident of Amraiwadi, District Ahmedabad (Gujrat) was convicted and sentenced to undergo rigorous imprisonment for 20 years under Section 6 of POCSO Act for kidnapping and raping minor girl of 14 years.
The accused was facing trial for committing offences under Section 363, 366,376 (2)(n), 344 IPC and Section 6 of POCSO Act.
The trial commenced on 29.5.2023 and after completion of the trial, Ms. Ramesh Kumari, District & Sessions Judge, Rupnagar, on 9.9.2024 held him guilty and sentenced him for rigorous imprisonment for 5 years for committing offence under Section 363 IPC, rigorous imprisonment for 7 years under Section 366 IPC, rigorous imprisonment for 3 years under Section 344 IPC and rigorous imprisonment for 20 years under Section 6 of POCSO Act.
Compensation of Rs.1.00 lac has also been ordered to pay to the victim. All the sentences have been directed to run concurrently.
As per the prosecution case, the victim girl a school student went missing from her house at District Rupnagar on 15.2.2023. The FIR was registered by the parents of the victim when the girl was informed to have neither reached school nor contacted her parents.
After registration of FIR, investigation was carried out during which the girl was recovered from Amraiwadi, District Ahmadabad (Gujarat). The victim was held to be a ‘child’ at the time of commission of offence and was merely 14 years. She has met the accused online and became friend with him.
But later accused met her and took her to his house at State Gujarat and confined her in one room from 15.2.2023 to 6.3.2023 and repeatedly committed aggravated penetrative sexual assault upon her.
Secretary, DLSA, Rupnagar, when asked about the judgment, she informed that as per law, the consent of the girl under 18 years of age is no consent. The judgment goes a long way in sensitizing that a minor’s consent shall be no defence for accused in the eyes of law.
She also informed that there is dire need to sensitize young boys and teenager girls who study in schools and living with parents, that consent of girl under 18 years is no consent.
