On 4th January, a POCSO court in Kerala’s Manjeri sentenced 29-year-old Unais, son of Hussain, to 87 years of rigorous imprisonment for sexually assaulting a 16-year-old minor girl. Furthermore, a fine of Rs 4.6 lakh has been imposed on Unais as punishment. Unais, who is a resident of Kooliyodan House, Pullancheri, will have to face an additional eight months of imprisonment if he fails to pay the fine.
According to media reports, the assault happened between 1st May 2020 and 31st December 2022. Unais repeatedly sexually assaulted the minor on several occasions. Reports suggest that he entered the house of the minor unlawfully on many occasions, threatened her and committed multiple acts of penetrative sexual assault (rape). Furthermore, he threatened to leak objectionable photographs (nude photographs) of the victim online if she told anyone about the assault.
The matter came to light when the victim told her family about the assault, after which the family filed a complaint against Unais at Manjeri Police Station. Accordingly, a case under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC) was registered in the case. The investigation in the matter was led by Inspector Riyas Chackeri and Sub-Inspector Sajeev was also part of the investigating team. Special Public Prosecutor A Somasundaran represented the state. 13 witnesses and 18 documents were presented in the court by the prosecution.
The judgment in the matter against Unais was delivered by a single-judge bench of Manjeri POCSO court led by Justice AM Ashraf. The court sentenced Unais to 40 years of rigorous imprisonment under Section 5(l) (aggravated penetrative sexual assault) read with 6(1) (punishment for aggravated penetrative sexual assault) of the POCSO Act, along with a fine of Rs 2 lakh. In case he fails to pay the fine, three months of simple imprisonment will be added to his sentence. Furthermore, the court sentenced him to another 40 years of rigorous imprisonment and fined Rs 2 lakh under Section 376(3) (rape of girl below the age of 16 years) of the Indian Penal Code (IPC). In case he fails to pay the fine, three months will be added to his sentence.
Additionally, a five-year term of rigorous imprisonment was imposed under Section 450 (house-trespass) of the IPC accompanied by a fine of Rs 50,000 and one month of simple imprisonment in case of default. Finally, 2 years of rigorous imprisonment has been imposed under Section 506(I) (criminal intimidation) of the IPC, with a fine of Rs 10,000 and one month of simple imprisonment for non-payment. The court added that the sentencing under IPC Section 376(2)(n) has already been addressed as per the provisions of the POCSO Act.
The fine has to be paid to the family of the victim. Furthermore, the victim will also get compensation under the Victim Compensation Scheme by the District Legal Service Authority as directed by the court.
Unais has been transferred to Tavanur Central Jail to serve his sentence.
A POCSO court in Kerala’s Manjeri sentenced 29-year-old Unais, son of Hussain, to 87 years of rigorous imprisonment for sexually assaulting a 16-year-old minor girl
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