New Delhi: A Delhi court, while awarding 20 years of rigorous imprisonment to a man for the kidnap and rape of a 12-year-old girl in 2021, questioned how there can be a price tag on the suffering of the survivor.
The court of additional sessions judge Susheel Bala Dagar asked on April 15: “How can there be a price tag on the suffering of the survivor? No amount of compensation can undo the trauma.”
The judge noted that the court must not only consider the rights of the survivor, but also the society at large when considering the imposition of appropriate punishment.
“A meagre sentence imposed solely on account of the lapse of time, without considering the degree of the offence, will be counter-productive in the long run and against the interest of society,” the court said.
The court convicted the 35-year-old Ali Khan of kidnapping, rape, criminal intimidation, and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act on April 1.
According to the prosecution, Khan kidnapped the girl from the lawful guardianship of her parents and committed repeated penetrative sexual assault on her.
Additional public prosecutor Yogita Kaushik Dahiya told the court that the convict criminally intimidated the victim by threatening to kill her, her parents, and to sell her siblings if she disclosed his acts of penetrative sexual assault.
She also submitted that the convict deserves no sympathy for his abominable and reprehensible act and should be granted the maximum punishment so that such persons are deterred from committing such heinous and despicable offences.
She further requested that the maximum compensation be awarded to the child as per the Delhi Victim Compensation Scheme, 2018, as the girl suffered a lot of humiliation due to the convict’s actions.
The judge directed compensation of Rs 10.5 lakh to the survivor.
“The least that can be done to help the survivor is to get his/her life back on track. However, pecuniary compensation can be of assistance in the rehabilitation of the survivor,” the judge said.
The judge, taking note that the girl was subjected to aggravated penetrative sexual assault and mental as well as physical trauma, said: “Not only the victim, but her entire family has been subjected to humiliation and insult by society, and the incident has left a grave impact on her mental, physical and emotional being for which she needs financial support.”