The Thiruvananthapuram Fast Track Special Court on Tuesday sentenced one man to rigorous imprisonment for 52 years and imposed a fine of ₹1.25 lakh for sexually assaulting a mentally challenged minor girl.
Special Judge Rekha R. sentenced Prabhat Kumar alias Prabhan, 64, of Mudavanmughal to undergo rigorous imprisonment for 35 years and to pay a fine of ₹50,000 under Section 6 (sexual assault) read with Section 5(k) (taking advantage of a child’s mental or physical disability to commit sexual assault or penetrative sexual assault on the child) of the Protection of Children from Sexual Offences (POCSO) Act; rigorous imprisonment for seven years and to pay a fine of ₹25,000 under Section 10 (aggravated sexual assault of POCSO Act; and rigorous imprisonment for 10 years and to pay a fine of ₹50,000 under Section 377 (carnal intercourse against the order of nature) of the Indian Penal Code. The sentences shall run concurrently.
According to the prosecution led by special public prosecutor R.S. Vijay Mohan, the incident had taken place on January 10, 2013 shortly after the survivor, who was then studying in Class 6, had returned home. She was residing with her mother, who also suffers from mental illness, and 90-year old grandmother.
The accused broke into the house at a time when the child was alone. Despite her efforts to thwart him, he sexually assaulted and tortured her before leaving the house. While Prabhat Kumar made another attempt to assault her the next day, he fled on seeing the survivor’s grandmother charging at him with a machete.
The child had also confided to her family and school authorities that she was also raped by an autorickshaw driver, Gopinathan Nair of Mudavanmughal, who died when the trial was under way.
The trial was fraught with challenges since the attack had worsened the survivor’s mental disorder. Her condition had prompted the court to issue orders for specialised treatment at the Department of Psychiatry in the Thiruvananthapuram Government Medical College Hospital.
The prosecution examined 21 witnesses, and presented 26 exhibits and seven material objects.
