55-yr-old, suffering from AIDS, gets 10-yr jail for raping minor stepdaughter

MUMBAI: The sessions court has sentenced a 55-year-old Goregaon resident, suffering from AIDS (Acquired Immunodeficiency Syndrome), to 10 years of imprisonment for raping his minor stepdaughter. The court showed leniency by handing him the minimum sentence as his other daughter is also suffering from the disease and there is no one to look after her.

Additional sessions judge AA Kulkarni, in an order passed on February 14, said that the testimony of the survivor as well as the medial report established that the accused had committed rape on the minor girl.

However, after hearing the submission of the defence that the accused and his other daughter are patients of AIDS, the court took a lenient approach while sentencing him.

The matter was reported to the Arey police station on June 20, 2014. The survivor stated that the incident took place on May 19, 2014, when her mother had gone to Karnataka, and her stepfather came home in an intoxicated state.

As per the prosecution, the accused allegedly came up to her, began touching her inappropriately, and sexually assaulted her around midnight. He had allegedly behaved similarly in March 2014 also, but that time the girl was saved by her mother. They did not report the incident because her mother was completely dependent on the accused, said the girl.

However, after the second incident, she narrated the incident to her teacher, after which the matter was reported to the police.

The prosecution tendered the evidence of the minor girl as also medical evidence that supported her claim. The defence argued that the girl’s evidence was not supported by any other witnesses, maintaining that the prosecution had failed to prove the charges against the accused.

The court observed that the testimony of the victim established the involvement of the accused in the offence, adding that no material was brought on record to show that the accused was falsely implicated. However, it took a lenient approach while sentencing the accused because of the AIDS factor.

“There is nobody to look after his other daughter who is also suffering from AIDS. The financial condition of the accused is not sound. Having regard to the all the facts and circumstances of the case, I found that in view of a period of detention, case is required to be disposed by awarding punishment which is provided as minimum i.e. of 10 years,” held the court.