Chennai: A Mahila court here on Tuesday sentenced a 19-year-old carpenter to undergo 10-year rigorous imprisonment for raping and impregnating his uncle’s minor daughter. Besides slapping a fine of Rs 5,000 on him, the court directed him to pay Rs 10,000 to the victim.
According to prosecution, carpenter M. Venkatesh was residing at Mettupalayam. His family had enmity with his uncle’s family, which was near his house. He tried to develop friendship with his uncle’s daughter studying Class IX in a government school.
Venkatesh convinced her that both the families would be united after their wedding. After much persuasion, he had sexual relations with her repeatedly in
2014. As a result, she became pregnant and her family members found this in January 2015. Immediately, they rushed her to a private hospital and later aborted the pregnancy in a government hospital at Egmore.
Following a complaint from the mother, the All Women Police Station, Tirumangalam, registered a case against Venkatesh.
The judge, R. Kalaimathi, said in this case the accused had committed the offence of aggravated penetrative sexual assault proved beyond reasonable doubt.
The judge further said, as per section 29 of POCSO Act, where a person is prosecuted for violating provisions of section 3, 5, 7 and 9 of the Act and the victim is below 16-years of age, the trial court should presume that such person has committed the offence, unless the contrary is proved. “Therefore, a presumption has arisen against the accused as per the evidence of the prosecution and he committed the offence”, she added.
While acquitting him from charges of under section 506 (ii), the judge found him guilty of committing offence under section 6 of POCSO Act and sentenced him to undergo 10-years of RI.