The man convicted of digital rape of a 2-year-old girl was jailed for 25 years. The court clarified that the law does not make any distinction between digital and actual rape. The hearing was completed in 9 days and a fine of Rs 13.5 lakh was also imposed on the culprit.
New Delhi: The court has sentenced a person who digitally raped a 2-year-old girl a day before Diwali last month to 25 years of rigorous imprisonment. The court said that a soft approach cannot be adopted in the case of digital rape. In her order dated November 20, Additional Sessions Judge Babita Punia emphasized that our law does not differentiate between digital rape and actual rape.
On November 19, the court was hearing the case of a 30-year-old man convicted under Section 6 of the POCSO Act. The convict had committed this crime on October 20 and the investigation and trial of the case was completed within a month. The special thing is that the hearing ended in just 9 days. The defense lawyer had argued that the accused had committed digital rape, hence a lenient approach should be adopted. But Judge Punia rejected this argument. He said, “The law does not differentiate between digital and real rape. According to the rape law, any kind of rape is considered real rape.”
The court rejected the apology petition
The judge rejected the convict’s plea for pardon, saying he was drunk and illiterate. He said, “It can be assumed that the convict was under the influence of some intoxicant at the time of the offence. Nevertheless, this is not a mitigating factor for the offence, as no one had forced him to do so. He had consumed ganja/liquor of his own free will, that too just before Diwali.”
The judge further said, “I find that illiteracy cannot be considered a mitigating factor, especially in crimes against children. It is not only legally punishable but also morally repugnant.”
After this the court sentenced him to 25 years of rigorous imprisonment. The court said that this period of punishment is a just punishment and provides adequate protection to the society. Also, it will make the culprit realize the seriousness of his actions and give him a chance to reform.
The court also said, “Some rape cases like Nirbhaya and Kathua attracted media attention, causing an uproar in the society. Following these cases, some changes were made in the existing law. Nevertheless, the court should not be influenced by the sentiments of the society and should not ignore the principles laid down by the Supreme Court.”
This incident happened at the safest place
The judge noted that the convict was a friend of the victim girl’s father and had come from the village to meet the family. He said that he had broken the trust. “The victim girl was in the safest place in her world, i.e. her home, but the culprit made even that place unsafe for her. Moreover, the festival of lights turned into a lifetime of darkness for her and her family.”
The judge said, “Although money cannot compensate for the pain suffered by the victim girl and her family, I feel that this will provide them some financial relief.” After this the court announced a compensation of Rs 13.5 lakh.