Predator in family: Delhi court sentences man to 20 years rigorous imprisonment for raping minor niece

New Delhi: Who will protect children when there is a "predator" in the family, a court here asked while sentencing a man to rigorous imprisonment (RI) for 20 years for raping his 16-year-old niece in 2020.

Additional Sessions Judge Susheel Bala Dagar was hearing arguments on sentencing the man who was convicted under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and under sections 376 (2)(F) (rape by a person in a position of trust) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

Additional Public Prosecutor Yogita Kaushik Dahiya said the convict, an autorickshaw driver, deserved no sympathy for the "reprehensible act". She underlined that the convict had also threatened the minor with dire consequences during and after the "abominable" offence.

"The convict is the victim's mama (maternal uncle). Home is known as the safest place in the world for children. And the persons in a shared household are regarded as the most trusted persons," the court said in its order dated January 15.

It observed that there was an increase in "crime against children in the form of incest rape" and children were being sexually victimised by their family members, relatives, teachers and acquaintances.

"Being innocent of their age, both boys and girls are abused. When there is a predator in the family, who shall protect? "The proposition that children are the safest with family and known persons has turned out to be a myth due to persons like the convict who indulged in such abominable offences with children in their own family and in this case his niece," it added.

Noting the aggravating and mitigating circumstances, the court sentenced the convict to 20 years of RI under Section 6 of the POCSO Act and an additional one year for criminal intimidation. Both sentences will run concurrently, it said.

The court also awarded Rs 10.5 lakh compensation to the victim.