Nagaland court sentences a man to 20 years' rigorous imprisonment in a POCSO case involving a child victim.
DIMAPUR — The Court of Principal District and Sessions Judge-cum-Special Judge (POCSO), Kohima, convicted a 66-year-old man and sentenced him to 20 years of rigorous imprisonment in a case involving the rape of a minor.
According to a judgement, Ngabu was convicted under Section 376(3) of the Indian Penal Code read with Sections 3 and 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, for committing rape upon a minor in Tseminyu in 2019.
It was mentioned that at the time of the offence, the convict was 59 years old and the victim was 14 years old.
On Tuesday, the Court sentenced the convict to undergo rigorous imprisonment for 20 years and to pay a fine of INR 5,000. In default of payment of the fine, the convict will undergo simple imprisonment for one year.
The Court observed that, in view of Section 42 of the POCSO Act, Section 376(3) of the Indian Penal Code, which was in force at the time of the commission of the offence and prescribed the greater punishment, was applicable.
While passing the sentence, the Court held that the mitigating circumstances advanced on behalf of the convict could not outweigh the gravity of the offence committed against a child. The Court further observed that the victim had suffered grave physical, mental, and emotional trauma, the consequences of which are irreversible, and that the vulnerability of the child victim constituted a significant aggravating circumstance.
The Court also directed the State Government to release INR 1,00,000 as victim compensation under Section 357A of the Code of Criminal Procedure in accordance with the Victim Compensation Scheme operative in the state. The Kohima District Legal Services Authority was directed to facilitate and monitor the disbursement of the compensation amount to the child victim.
The investigation was conducted by UBSI Vikuobinuo of the Women Police Station, Kohima. During the trial, the prosecution examined seven witnesses. The State was represented by L Sashimongla Jamir, Special Public Prosecutor, who established the guilt of the accused beyond reasonable doubt.
Additional Public Prosecutor, Kohima, Abraham stated that the conviction was the result of the coordinated efforts of the investigating agency, the prosecution, and the witnesses and expressed appreciation to all those who contributed to securing justice for the child victim.