Chennai: Days after directing a rape convict to go to the mediation centre and explore the possibility of settlement/ compromise with the victim, Justice P. Devadass of the Madras high court on Thursday upheld the sentence of 10 years rigorous imp Madras High Court jurisonment awarded by a lower court to a 25-year-old man for raping a four-and-a half year-old child at Erode in 2008.
As voices of protest over his last judgement suggesting mediation continued to grow, this time he said, “Such kind of criminal behavior does not deserve sympathy”. Holding that the prosecution had clearly established the charge of rape against the accused beyond reasonable doubt and calling it “beastly behaviour,” Justice Devadass dismissed the appeal filed by the accused and said, “The sentence awarded to the appellant is proportionate to the offence established against him. Thus, there is no need to dilute the rigour of it”.
According to the prosecution, the accused, P. Senthil Kumar, neighbour, took the child to his house and raped her on April 19, 2008. The principal assistant sessions judge, Erode, found the accused guilty under section 376 (rape) IPC and sentenced him to 10 years RI. Aggrieved, the accused filed the present appeal.Justice Devadass said the child victim had no need, no courage to implicate the accused and speak falsehood against the accused. No acceptable and strong reason had been adduced to reject the testimony of the victim and others.
The victim’s evidence was quite natural, unimpeachable and did not suffer from any doubt or infirmity or inherent improbability. The judge said, “In these days, increasingly women and children are becoming target of lust of men. It is a motiveless crime. It is a beast behavior. Such kind of criminal behavior does not deserve sympathy. Such kind of vultures cannot be spared lightly. In the administration of criminal justice, pitiable plight of the victims cannot be lost sight of.”
