Minor, mentally retarded rape victim, identifies accused in the court
Minor, mentally retarded rape victim, identifies accused in the court
Her assaulter would have never imagined that a mentally retarded girl who could hardly speak raise a finger in his direction.
Rattan Mandal's worst nightmare came true when the 12-year-old girl whom he raped repeatedly for two months identified him in the court. Though the victim could not stand the questioning and counters by the defence counsel because she could not speak much, she was able to identify Mandal when he was produced in the court before her.
Mandal lived in the neighbourhood of the girl and used to go to her house when her parents were away for work. It was only after two months that the girl complained of pain in her stomach and her parents took her to a doctor, who told them that their daughter was pregnant.
They lodged an FIR on May 21, 2007 in Okhla Industrial area police station. The trial went on for more than two years and finally on Wednesday Additional Sessions Judge SC Rajan pronounced Mandal guilty of raping the girl and sentenced him for six years in prison.
The court also rejected a leniency plea filed by Mandal and imposed a fine of Rs 2000 on him. "The accused is not entitled to any leniency since he committed rape upon a mentally retarded minor girl who does not understand the ups and downs of the society," the court observed.
Apart from the arguments by the defence counsel and the testimonies of the parents of the victim and medical reports, the turning point in the trial was the 'mute' testimony of the girl.
Rising against all odds, the minor girl identified Mandal even though she couldn't take his name. She raised her finger and pointed towards him in the court, which nailed the case.
Why just six years?
Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
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