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Friday, April 26, 2024

POCSO court gives death sentence to Rizwan and Halim within 10 months of gang rape, attempt to kill minor in UP – but will higher judiciary’s “every sinner has future” doctrine prevail?

The POCSO court in Uttar Pradesh’s Pratapgarh district has awarded death sentence to two accused for gang rape and attempt to kill a minor.

The judgment was pronounced within 11 months of the crime that was committed on December 27, 2021.

Besides, the court also imposed a fine of Rs 50,000 each on the two accused after holding them guilty of raping the 11-year-old survivor and also damaging her left eyes and bones of face and leg.

Taking cognisance of the crime, Chief Minister Yogi Adityanath had issued direction for prompt action against the culprits.

The POCSO court had concluded the trial within 10 months and on October 21, 2022 held two accused – Halim and Rizwan – guilty of committing rape, kidnapping and attempt to commit culpable homicide with the minor girl. The third accused was a minor.

According to prosecution, three accused – Halim, Rizwan and another – after raping and seriously injuring the minor girl, threw her on the railway track and ran away.

Since one of the accused was a minor, his case was transferred to Juvenile Court.

A criminal case was registered at police station Nawabganj of Pratapgarh district on the same day under sections 326 (hurt), 308 (attempt to commit culpable homicide) and 363 (kidnapping) of Indian Penal Code (IPC) and POCSO Act.

The survivor’s brother, who is the complainant in this case, rushed her sister to the SRN Hospital at Prayagraj in an unconscious state.

When she regained consciousness after five days, the survivor gave a statement before the police, identifying the three accused behind the gruesome incident.

According to inspector in charge of Nawabganj police station, Sudhir Kumar, immediately after the registration of the criminal case, the police swung into action and collected all the evidence, including the medical as well as forensic evidence, within two months.

The three accused persons were immediately arrested and sent to jail.

The girl was produced before the judicial magistrate, where she got her statement recorded under section 164 of Criminal Procedure Code (CrPC).

After concluding investigation and recording the statement of all the persons associated with the incident, a chargesheet against all the three accused persons was submitted by the police promptly within two months.

According to the inspector, the girl gradually recovered after treatment.

According to the complainant, her 11-year-old sister was going to a grocery shop on December 27, 2021, when three accused persons caught hold of her and took her to a nearby railway track.

He alleged that after raping her, they damaged her left eye and bones of face and leg. Thereafter, they threw her on the railway track. He said that he reached the crime scene after being informed by villagers.

(The story has been published via a syndicated feed with a modified headline.)

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