Mumbai court says life term for rapist dad too harsh, gives 20 years

MUMBAI: Observing that the "strong pillars of prison" may lead to changes in the behaviour of a 40-year-old who repeatedly raped his motherless 13-year-old daughter over three years, a special judge recently opted against sentencing him to life imprisonment and, instead, gave him a minimum sentence of 20 years of rigorous imprisonment.
The judge cited the absence of other family support for the victim and her sisters, along with the absence of a prior criminal history against the father and his good behaviour in jail, as key factors. The judge noted that life imprisonment would be a severe punishment as there would be no one in the victim's family were he to be sent to jail for the rest of his life.

"...Awarding life imprisonment would be a severe punishment. The victim and her sisters, under the hope of a drastic change in the behaviour of their father after long detention, would in future get the support of their father. Considering this aspect, I am not inclined to award life imprisonment to the accused... Awarding the minimum punishment of rigorous imprisonment would be just and proper," said special judge A D Lokhande.
Special public prosecutor Geeta Malankar examined eight witnesses, including the victim.
During her cross-examination by the defence lawyers on sex education, the victim said after the first time she was raped, she did nothing as she was unaware of sex and her father said the act was an expression of love. She said she learnt about sex during a school session only later and told her father that his actions were illegal. However, she and her two younger sisters kept mum as their father would beat them up. The child had allegedly complained to her paternal aunt, who did not help. Subsequently, she called the emergency helpline Childline.
"It is very unfortunate that when the victim received the touch of her father, she thought that he was doing the same under affection. There was no female member in the house to whom the victim immediately complained... Hence, she sustained the same from 2017 to 2020... It is proved that the accused, under threats, constrained the victim to do the act and threatened to kill her," the judge said.
Acquitting the aunt of Pocso charges on failing to report the rape, the judge said there was no cogent evidence of any such communication between and the child. "According to the victim, [the aunt] told her that they would approach police if the accused again repeated the act. No prudent [person] would initially believe the serious allegation made by the child against her own father; hence, she might have thought to take some time and not hurriedly lodge the complaint."
While the aunt was out on anticipatory bail, the father has been in jail since Feb 14, 2020, the day the FIR was lodged. The time spent in jail will be set off against his sentence.