No sympathy for child rapists said Judge in Chennai
Two days after he referred a rape case for “mediated settlement”, drawing flak from jurists and activists, Justice P Devadass of the Madras high court has upheld the 10-year rigorous imprisonment awarded to a man found guilty of raping a four-year-old girl in Erode district.
On a hard hitting order, Judge Devadass said that nowadays women and children and increasing becoming targets for lust for men. It is unforgiveable crime and it is beast behavior. Such kinds of criminals are not to be shown a small kind of sympathy.
The judge confirmed with the conviction of 10 year sentence and Rs. 1000 fine imposed onto the man by Erode session court in December 2010. In administration of criminal justice pitiable plight of the victims cannot be lost sight of.
Trauma left on them will last long in their memory, and it will have psychological impact on their moral and physical activities. The painful event will refuse to fade away from their memory. The victim in a murder case dies once for all, but the victim in sexual violence case dies every day, every minute,” the judge observed.
The judge, in an interim order on Monday, had permitted a man convicted of raping a 15-year-old girl in 2008 to attempt to reach a “compromise” with the survivor through “mediation”, saying even a rape case can be settled by “reconciliation”. The order was panned by jurists and activists, who said the alternative dispute resolution mechanism cannot be stretched to this extent.
In the latest case, Justice Devadass held that the sentence awarded to the man is proportionate to the offence established as against him. “There is no need to dilute the rigour of it,” he said.
According to police, the child was just four years old when the man, her neighbor, took her to his home and raped her. The issue came to light after the girl complained to her parents of pain in private parts. After medical examination confirmed sexual assault, they lodged a complaint with police.
Justice Devadass, rejecting the defense of previous enmity and argument the child had been used to settle scores over property dispute, said there was no need for a four-year-old to implicate the accused and speak falsehood against him. The girl’s evidence is “quite natural, unimpeachable and does not suffer from any doubt or infirmity or inherent improbability,” the judge said, and added her evidence had also been corroborated by other witnesses and medical and scientific evidence.
On its part, the prosecution said there was no strong reason or evidence to reject the child’s testimony. The additional public prosecutor also submitted that there was no acceptable reason to falsely implicate the accused in this case.
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