Keywords: Rigorous Imprisonment, Minor, Unpardonable, POSCO, Gaurdian,Victim
In a harrowing case that shocked the conscience of the nation, a Kerala court on Monday sentenced a 42-year-old woman to 20 years of rigorous imprisonment for abetting the rape of her own minor daughter. Special judge Rekha R delivered the verdict, denouncing the accused’s actions as unpardonable and a disgrace to motherhood.
The trial court, operating under the purview of the Protection of Children from Sexual Offences (POCSO) Act, categorically rejected the accused woman’s plea for leniency. Special Judge Rekha R asserted that the mitigating factors presented by the accused were insufficient to warrant mercy, given the severity of the crime committed against the victim.
The court revealed that the accused mother had callously dismissed her then 7-year-old daughter’s complaints about the sexual assault, even going so far as to tell the child that “it was okay.” Shockingly, it was disclosed during the trial that the mother actively facilitated the assaults by taking the child to the perpetrator’s house. The child testified that the rape occurred in her mother’s presence on multiple occasions.
The court, in its scathing remarks, deemed the mother’s actions as intentional abetment under Section 16 of the POCSO Act. Special Judge Rekha R stated that the mother’s betrayal of her role as a protector and guardian had led to the child enduring aggravated penetrative sexual assault.
The case revolved around a child who suffered repeated rapes between March 2018 and September 2019, when she was in Class I and II. The child, aged 6-7 at the time, finally disclosed the heinous acts to a counsellor at a shelter home. While the main accused had passed away before the trial, the mother faced charges for her role in intentionally aiding and abetting the crime and for not reporting it to the police.
The court, unstayed by attempts to cast doubt on the child’s testimony, firmly established that the mother had transported the child to the perpetrator’s house where the sexual assaults occurred. The judge dismissed claims that the child had been influenced or tutored by authorities, reinforcing the credibility of her statements.
In the verdict, Special Judge Rekha R emphasized the need for severe punishment to prevent the recurrence of such offenses and to serve as a deterrent. The court ordered the accused mother to undergo rigorous imprisonment for a period of 20 years.
Special Public Prosecutor Vijay Mohan R S represented the State, while Advocate Rajeekanth R S stood as the legal representative for the accused. The case serves as a stark reminder of the heinous crimes that can be committed within the confines of a supposed sanctuary—the family home—and the critical importance of ensuring justice for the victims.
Barandbench. Com , https://www.barandbench.com/news/kerala-court-sentences-woman-20-years-jail-abetting-rape-minor-daughter
Newindianexprees.com, https://www.newindianexpress.com/cities/thiruvananthapuram/2023/nov/28/woman-in-kerala-gets-20-year-jail-for-abetting-rape-of-minor-daughter-2636755.html
Written by : shalmali Ugare,College : DESNFLC , PUNE,Sem: 3rd , Intern under legal vidhiya
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