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Inhumane, diabolical act; no punishment except death: Delhi Police argues against POCSO convict

25 May 2023

New Delhi [India], May 25 (ANI): The convict has committed heinous offences upon the victim which is not less than inhumane and diabolical and no punishment can be adequate except the death sentence, Special Public Prosecutor (SPP) for Delhi Police argued while seeking maximum punishment for life convict under sections of POCSO.

Special Judge, Protection of Children from Sexual Offences Act, (POCSO) Sunil Kumar on Thursday awarded a life sentence to Ravinder under section 376 A (Raping a woman under the age of 12) IPC, life imprisonment under section 302 (Murder) IPC, seven-year imprisonment under section 363 (Abduction) IPC, ten-year imprisonment under section 366 (Kidnapping of woman compelling her to illicit intercourse) IPC, Seven-year imprisonment under Section 201 IPC.

The Court has also imposed a fine of Rs 10,000 in each of the sections.

The court had on May 6 convicted Ravinder for the offences punishable under section 6 of the POCSO Act and 363/366/376A/302/201 of the IPC qua offences committedagainst the victim.

The court convicted him both in POCSO and 376 A IPC. However, the court awarded the sentence to him under 376 A IPC as punishment in this section is life imprisonment which is till the remainder of his life.

While arguing on the quantum of sentence the Special Public Prosecutor (SPP) Vinit Dahiya argued that the convict has committed heinous offences upon the victim which is no less than an inhumane and diabolical and no punishment can be adequate except the death sentence.

The SPP argued that the convict was previously convicted and is undergoing the sentence in anearlier case.

"The victim was a very innocent child of six years of age and no human being can be expected to commit a dastard act of rape and then murder the victim by strangulating her only forthe sake that his act could not be known to anyone," SPP argued.

From the act of the accused, it can be inferred that the accused cannot be reformed or there is no possibility of his being reformed, the State said.

The accused has no remorse for his act till today. Even, he has been disowned by his own family members, SPP Dahiya submitted.

The SPP further argued that the accused has disclosed about the rape and murder of more than 30 innocent children and he has been facing the trial in almost all the cases.

"So, the accused does not deserve any punishment less than capital punishment," SPP Vinit Dahiya arguedOn the other hand, advocate Abhishek Srivastava, Counsel for the convict had prayed that a lenient view be taken against the convict.

He argued that the convict is not married and does not have aged parents who are dependent upon him and they themselves are very poor.

It was also argued that the convict comes from the poor strata of the society and this fact should be taken into consideration while sentencing the convict.

He further argued that the offences were not committed by the convict in a gruesome manner.

SPP further argued that the convict may be reformed and hence, minimum punishment may be imposed upon him for the offences for which he has been convicted.

Convict Ravinder also submitted that a lenient view may be taken and minimum punishment should be imposed upon him. He also submitted that he is not in a position to pay compensation to the legal heirs of the victim as he does not have any movable orimmovable property in his name.

After hearing the submission and considering the affidavit in the income of the convict, they grant relief to him by not directing him to pay the compensation to the family of the deceased.The judge said, " I am of the view that the convict is not in a condition to pay compensation to the family of the deceased child for their unaccountable loss but the court is not handicapped to alleviate the loss suffered by the parents of the deceased child."" Though, no amount can compensate the loss of life of a person, particularly, a child of age six years, to the parents but this court cannot ignore that at least the compensation to suchan amount must be given to the parents of the deceased child which can make some good in the life of her parents, " the judge added.

So, on the basis of the facts and circumstances of the present case and on the basis of the principles laid down in judgments of the Hon'ble High Court of Delhi regarding deciding the quantum of compensation, this court is of the view that a full and final compensation of amount of Rs 15,00,000 is granted to the parents/LRs of the deceased child, the court directed on Thursday.

In July 2015, the convict, Ravinder Kumar was arrested and sent to Tihar Jail by the Delhi Police from the outer Delhi Area in connection with the kidnapping of a six-year-old girl.

On May 6, 2023, the Rohini Court convicted him under section 6 of the POCSO Act and various other sections of the Indian Penal Code.

On Thursday, the Court sentenced Ravinder Kumar to life imprisonment under sections of rape, kidnapping, murder, and destruction of evidence. (ANI)

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