Kerala Court Sentences Fake Antique Dealer Monson Mavunkal To Life Imprisonment For Raping Minor

A Kerala Court on Saturday sentenced the fake antique dealer Monson Mavunkal to life imprisonment for sexual abuse of a minor girl and imposed a fine of Rs 5,25,000 on him.

Additional District and Sessions Judge K. Soman said Mavunkal, who was found to have committed repeated rape on a minor girl, exploiting the financial position of her family and aborting her pregnancy at his residence, does not deserve any leniency and has to be dealt with adequate sentence.

According to the prosecution, Mavunkal had sexually abused the daughter of his employee. He allegedly represented himself as cosmetology doctor, and offered to teach cosmetology to the victim girl along with her studies. It was also alleged that he had threatened her with dire consequences of losing the job of her mother and brother if the incident was disclosed to anyone else.

The court said the victim had been sexually assaulted even a few days prior to the accused's arrest in a cheating case, and noted the victim reported the matter to the police while the accused was in judicial custody in connection with the cheating cases.

It noted the victim had been subjected to criminal intimidation by Mavunkal with consequences of herself and her mother losing their employment as well as the residential accommodation provided by the accused if the incident was revealed to anybody else.

The court held the accused guilty of offences under Sections 5(j)(ii) [making female child pregnant as a consequence of aggravated penetrative sexual assault]; 5(l) [repeated penetrative sexual assault]; and 5(p) [penetrative sexual assault by person in trust or authority] r/w Section 6[Punishment for aggravated penetrative sexual assault]; Section 9(l) [repeated sexual assault on a child]; and 9(p) [sexual assault by person in trust or authority] r/w Section 10 [Punishment for aggravated sexual assault]; and Section 11(iii) [Sexual harassment by showing child object in any form or media for pornographic purposes] r/w Section 12 [Punishment for Sexual Harassment] under the POCSO Act.

The court also found the accused guilty of offences under Sections 370(4) [Trafficking]; 342 [Punishment for wrongful confinement]; 354A(1)(iii) r/w 354A(2) [Sexual harassment and Punishment]; 376(2)(f)[Punishment for rape by person in position of authority]; 376(2)(n) [repeated rape on same woman]; 313[Causing miscarriage without woman's consent]; and 506 [Punishment for criminal intimidation] of the IPC and convicted him for the same.

Observing fine amount ordered to be paid by the accused may not be readily available for disbursement as compensation, the court said:

"Her family members are coolie workers. Considering the physical and mental trauma caused to PW1 (victim) and for the immediate rehabilitation of this victim, I feel it just and proper to recommend for compensation payable to PW1 under the Victims Compensation Scheme, invoking the power under Section 33(8) of the POCSO Act, 2012 and Section 357A(3) Cr.P.C. Therefore District Legal Services Authority, Ernakulam shall be addressed to consider question of compensation payable to PW1".

The State was represented by the Special Public Prosecutor P.A. Bindhu. Advocates M.G. Sreejith, Luke J. Chirayil, P. Jaya, Rajin Devassy, Elsa Mary Thomas, Amal Jose, Bibas C. Babu, and Jospeh Marvel appeared on behalf of the respondent accused. 

Case Title: State of Kerala v. Monson M.C. @ Monson Mavunkal