This story is from December 1, 2022

20 years for stepdad for rape of minor though she was hostile

A special Pocso court on Tuesday convicted and sentenced a 40-year-old man to 20 years rigorous imprisonment for repeatedly raping his 14-year-old stepdaughter and getting her pregnant.
20 years for stepdad for rape of minor though she was hostile
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MUMBAI: A special Pocso court on Tuesday convicted and sentenced a 40-year-old man to 20 years rigorous imprisonment for repeatedly raping his 14-year-old stepdaughter and getting her pregnant.
The rare conviction came even as the child and her mother turned hostile in court. The court noted that they wanted the man to escape conviction as he was the only earning member of their family.
"Offence is heinous, a stepfather who committed repeated rape on victim girl who is child below 18 years.
DNA report established that victim girl was carrying pregnancy and accused was biological father of victim's foetus..."special judge Anis AJ Khan said, adding that just because the victim and her mother turned hostile, it cannot lead prove fatal to the case of prosecution.
Special public prosecutor Pranjali Joshi sought maximum sentence and cited evidence of 10 witnesses, including cops and doctors.
The court said DNA test is an effective tool of investigation and proof of guilt of accused and it has now been accepted with advancement of scientific technology due to its accuracy. The pregnancy was aborted at 16 weeks.
"Experts opine that identification is almost 100% precise, using chemical structure of genetic information by generating DNA profile. The DNA test can be basis of conviction of accused. The only requirement that sampling of blood samples has to be proper...," the judge said.

The court said though the child's mother was declared hostile, during examination, she categorically stated she went to her village in March 2020 and when she returned, she asked her children where they slept. "According to them they were sleeping on the floor and victim and stepfather used to sleep on bed. Victim girl also admitted that accused moved hand on her body, but she opposed. This fact links with further investigations. Medical report, oral evidence of doctor is on record...," the judge said, fining the accused Rs 34,000.
It was the prosecution's case that as the girl's biological father was an alcoholic, her mother divorced him and married the accused five years before the incident. In the girl's statement to the police, she submitted that the first incident took place in October 2019. On March 10, 2020, the mother went to her native place, the accused raped her again. Thereafter till the mother returned six days later, the sexual assault continued. The girl told her mother that while two of her sisters slept on the floor, her other sister and she slept together with the accused on the bed.
The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
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About the Author
Rebecca Samervel

Armed with a degree in political science and law, Rebecca Samervel waltzed into journalism after a brief stint in modeling. As a reporter at The Times of India, Mumbai, she covers courts. She is a self-confessed food-a-holic. Travelling, politics and television are her passions. If you want to find her during the week the only place to look is the Bombay high court.

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