New Delhi: Taking a lenient view of a rapist due to his tender age and the fact that he is the only bread earner of his family, a Delhi court has given him a six-year prison term for raping a minor girl.
The minimum punishment for the offence is seven years.
Additional Sessions Judge Sanjeev Aggarwal also imposed a fine of Rs 1,500 on Mohd Naseem, a resident of Wazirpur here, after holding him guilty of kidnapping and raping the minor girl.
Under Section 376 of the Indian Penal Code, the minimum punishment for the crime is seven years while the maximum is life imprisonment. Courts for special and adequate reasons are, however, empowered to reduce the minimum sentence.
"I am of the considered opinion that in the present case, looking into the tender age of the convict at the time of offence which was only 20-22 years, and the fact that he has no previous history of involvement in any other case...”.
"His wife has recently died and he is the only bread winner of his family, the interest of justice shall be met if he is sentenced to rigorous imprisonment for six years under Section 376 (rape) of IPC," the court said.
The court, however, noted that the convict had spoiled the life of the victim and lowered her reputation in society.
"In the present case, the convict had raped a minor girl after enticing her on the pretext of meeting his sister-in-law. The act of the convict had spoiled the life of the victim and had also lowered her reputation in society which cannot be compensated," it said.
Naseem was convicted in the case following the deposition by the victim that in June 2007, he came to her house on the pretext of meeting his sister-in-law and as she (victim) was alone, he took her to Wazirpur J J Colony.
She said Naseem raped and threatened to kill her when she tried to raise an alarm.
Two days later, the convict left her near a temple and after about an hour, her family members reached there and took her to house, she said.
Naseem, in his defence, submitted that he was falsely implicated in the case and the victim had accompanied him on her own and there was no enticement on his part.