MUMBAI: A man, now 30, has been sentenced to life imprisonment by a special Pocso court for raping and impregnating his then 14-year-old-sister in 2015 after an ossification test confirmed that she was a minor.
The test was ordered after the victim’s age could not be proved through available documents. The defence claimed that the ossification test could not be relied on, but the trial court, relying on the Supreme Court, said it is the most authentic test. “In the instant case… the prosecution has examined Dr Dattatray More, who has explained the details regarding examination of the victim’s bone, stage of their development and opined that the age of the victim is between 13 to 14 years, including the margin of error. There is no reason to disbelieve the evidence…,” said special judge S N Salve.
In 2015, the siblings were living with their aunt’s family after their father died. The minor told the court the accused raped her when her aunt and uncle went out to work and threatened her not to reveal the incident to anyone. “…the evidence of the victim needs to be appreciated. The victim has categorically deposed in her evidence that the accused, who is her brother, while she was asleep, hugged her, undressed her and had forceful sexual intercourse. The above evidence of the victim is corroborated by medical evidence…,” said the judge.
The matter came to light in November 2015 when the aunt found that the child had been missing her periods. She was 20 weeks pregnant. The minor delivered a baby girl who was given up for adoption. DNA tests showed the accused and the minor were the biological parents of the baby.
“In so far as DNA test is concerned, it cannot be said to be conclusive evidence regarding forceful sexual intercourse, but it can only be used as a collaborative piece of evidence. DNA test report which is positive provides clinching corroboration to the testimony of victim…,” said the judge.
The accused had claimed that the sex was consensual, but the judge said it is pertinent to note that the Pocso Act criminalises all sexual acts among those below 18.
Refusing to grant leniency, the judge said the accused is also to be fined Rs 25,000 which, if submitted, is to be paid to the victim, as compensation for the loss or injuries caused by the offence. The judge also made a case for further compensation under the state’s Manodhairya Scheme.
(The victim’s identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
The test was ordered after the victim’s age could not be proved through available documents. The defence claimed that the ossification test could not be relied on, but the trial court, relying on the Supreme Court, said it is the most authentic test. “In the instant case… the prosecution has examined Dr Dattatray More, who has explained the details regarding examination of the victim’s bone, stage of their development and opined that the age of the victim is between 13 to 14 years, including the margin of error. There is no reason to disbelieve the evidence…,” said special judge S N Salve.
In 2015, the siblings were living with their aunt’s family after their father died. The minor told the court the accused raped her when her aunt and uncle went out to work and threatened her not to reveal the incident to anyone. “…the evidence of the victim needs to be appreciated. The victim has categorically deposed in her evidence that the accused, who is her brother, while she was asleep, hugged her, undressed her and had forceful sexual intercourse. The above evidence of the victim is corroborated by medical evidence…,” said the judge.
The matter came to light in November 2015 when the aunt found that the child had been missing her periods. She was 20 weeks pregnant. The minor delivered a baby girl who was given up for adoption. DNA tests showed the accused and the minor were the biological parents of the baby.
“In so far as DNA test is concerned, it cannot be said to be conclusive evidence regarding forceful sexual intercourse, but it can only be used as a collaborative piece of evidence. DNA test report which is positive provides clinching corroboration to the testimony of victim…,” said the judge.
The accused had claimed that the sex was consensual, but the judge said it is pertinent to note that the Pocso Act criminalises all sexual acts among those below 18.
Refusing to grant leniency, the judge said the accused is also to be fined Rs 25,000 which, if submitted, is to be paid to the victim, as compensation for the loss or injuries caused by the offence. The judge also made a case for further compensation under the state’s Manodhairya Scheme.
(The victim’s identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
