“He had preyed on the child of tender age of 14 years. The offence has been committed by the accused when the child has just started to live and understand her life,” special judge Madhuri M Deshpande said.
The twins were aborted at 16 weeks when the pregnancy was discovered and DNA tests revealed that the accused was the biological father.
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The conviction came even as the child’s mother did not support the prosecution’s case in court and turned hostile.
Relying on the child’s testimony had other evidence, the judge said that the prosecution has proved that the accused raped the child.
The accused was also fined Rs 10,000, which, if recovered, will be paid to the child as compensation.
“The incident has caused an adverse impact on the mind of the victim. No compensation can either be adequate or can it be of any respite for the victim. But, then monetary compensation will at least provide some solace,” the judge said.
The victim deposed that she was residing with her mother and brother. She knew the accused since 2018. They met at a Garba event and he gave her his phone number. She said that they started talking on the phone and in February 2019 took her to his house.
The child further said that the accused had told her that his mother and brother will remain present in the house but when she went there, he told her that they went out.
The accused closed the door of the house.
While talking, the accused kissed her.
She told him that they should go out as no one was present in the house but the accused refused saying that his mother will be back soon.
Then the accused raped her and after sometime asked her to go to home.
The accused asked her not to disclose about the incident to anyone.
Therefore, she did not inform anyone about the same.
Subsequently, she missed her period.
After her mother took her to the hospital, she was found to be four-months pregnant.
The child then revealed about the accused.
The hospital informed the police of the case.
Police came to the hospital and her statement was recorded.
Her abortion was conducted and DNA tests conducted.
The judge denied the defense of the accused that the relationship was consensual.
“The accused was well aware that the victim is minor, yet the accused committed forcible sexual intercourse with her repeatedly by calling her at his house,” the judge said.
The judge further said that the victim was minor at the time of incident and unaware about the consequences of the act of the accused.
“The accused kept forcible physical relations with her and made her pregnant for 16 weeks. The sexual intercourse committed by the accused with the victim could not be said to be consensual sexual intercourse due to her incapability to consent to the act,” the judge said.
(The victim