Image Courtesy: ANI
Arguments were put forth by both parties where the prosecutor representing CBI asked for maximum punishment and compensation for the survivor. The CBI prosecutor also argued against taking a lenient stand or liberal view towards sentencing. The prosecutor sought compensation under section 357 and 357A of the CrPC.
Counsel for the accused submitted that the convict’s social work must be taken into consideration when deciding quantum of sentence. He also pointed out that throughout his stay in Tihar Jail, the convict has displayed good conduct and he has not been a ‘menace to society’.
His counsel also said that if fine is being imposed then compensation may not be given to the victim as the Judge had pointed out that already a compensation of Rs. 25 lakhs has been given to the survivor. The judge noted that no amount of compensation can repair the injury caused to the survivor, yet he asked for nomination papers of the convict Sengar to be presented on December to determine his financial status in order to determine the compensation amount.
While pronouncing the judgment, the district judge, Dharmesh Sharma, had observed that, “Sengar was a powerful person, the victim was a village girl, not from a cosmopolitan educated area which led to delay in filing case. I found her statement truthful, unblemished that she was sexually assaulted and under threat”.
The Court convicted Sengar on December 16 under section 376 (rape) of the Indian Penal Code as well as section 5(c) and 6 of POCSO Act. Both charges under IPC as well as the POCSO Act provide for minimum rigorous imprisonment of 10 years and maximum punishment of life imprisonment as well as fine.
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