"A Minor Was Gang Raped In A Nation Which Worships Goddess Durga, Laxmi & Saraswati": UP Court Awards Death Penalty To 2

A court in Uttar Pradesh's Pratapgarh District on Wednesday sentenced 2 convicts [one Haleem, an auto mechanic, and Rizwan, a tailor] to death for the kidnapping and rape of a minor girl while observing that the accused-male vampires not only forcibly entered into the temple-like body of the minor girl but also tried to demolish the same.

The Additional District and Session Judge/Rape and POCSO Court Judge Pankaj Kumar Srivastava found them guilty on October 21 after concluding that the case fell in the rarest of rare categories as the accused had not only gang-raped the victim girl but had also caused injuries to her by selectively damaging her body parts.

"(the accused), just to fulfill their lust, not only gang-raped the victim but also intentionally caused such injuries to her that she becomes physically and mentally handicapped. It is beyond comprehension whether the accused were treating the victim as an animal because such cruel and cowardly acts are not committed even against the animals," the Court remarked as it found the accused guilty of offence punishable under Sections 5 (g)/6 POCSO Act, 363, 325, 326 and 308 IPC.

Essentially, in the instant case, the accused had inflicted various injuries on her body, left her abandoned near the railway line, damaged her left eye permanently making her blind, and deformed her face.

Noting that the accused not only gang-raped the victim but also deformed her face by making her blind, the Court remarked thus:

"Whenever the victim would look at herself in the mirror, she would feel sorry for herself as to why she was born in this world as a daughter. People die once in their life and this victim will die thousands, millions of times."

In its 10-page order, the Court also took note of the irony that in our country, where Maa Durga is worshiped as Shakti, Maa Saraswati is worshiped for Knowledge, and Maa Lakshmi is worshiped for wealth, and where women have held the post of President, Prime Minister, Chief Minister, Governor, in that country, a minor was gang raped brutally putting a question mark on the entire society.

"Why has our society become so narrow that when it needs power, it worships Maa Durga, when it needs money, it worships Maa Lakshmi, when it needs knowledge, it worships Maa Saraswati, when it needs water, it worships Maa Ganga, then why does it consider the women around it to be the objects of enjoyment and for the fulfillment of its lust, it does not spare even the little girls who are like goddesses."

Justifying the death penalty for the accused, the Court stressed that if such accused are not punished severely, then the parents of the daughter would live every moment with a fear that someone would make their daughter a victim of lust.

Not just that, before parting with the order, the Court noted that the victim's future is uncertain as in this country, even Mother Sita had to pass through the Agni Pareeksha to prove her chastity, however, the Court did express hope that the victim would try to forget her sorrows with time and try to lead a good life.

The case in brief

On 27 December 2021, the minor victim was going to the market when the accused (Rizwan, Haleem, Aman alias Qasim) kidnapped her and took her near the railway line, wherein they committed gang rape upon her. She was left in an unconscious state thereafter they injured her brutally. She had to struggle with life and death for several days before she recognized the accused.

The trial was completed within a year, and the court sentenced the two accused Rizwan and Haleem to death while declaring the third accused, Aman alias Qasim as a Juvenile and referred his case to the Juvenile Court, where the case is presently pending.

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