The Thiruvananthapuram Fast Track Special Court handling cases pertaining to the Protection of Children from Sexual Offences (POCSO) Act on Thursday sentenced an autorickshaw driver to rigorous imprisonment (RI) for life for raping a minor girl.
Special Judge R. Jayakrishnan pronounced the verdict against Thrilok A.Y., alias Ani (53), of Mannanthala who was found guilty of the crime that occurred between November 2012 and March 2013.
He has been sentenced to RI for life and a fine of ₹50,000 under Section 5(l)(m)(p) of the POCSO Act imposed on him, and RI for seven years and a fine of ₹25,000 under Section 9(l)(m)(p) of the POCSO Act. (The provisions pertain to repeated and aggravated penetrative sexual assault on a child below 12 years by a person in a position of trust or authority.)
While the court has also fixed the default sentences at one year and six months for the respective offences, the sentences shall run concurrently. The convict has been sent to the Central Prison at Poojappura.
According to the prosecution led by special public prosecutor Vijay Mohan R.S., the incidents occurred when the survivor was in the Class IV and aged nine. While she used to reside with her sister and grandmother in the city, her parents lived in Pathanamthitta where they worked. The survivor used to travel in the autorickshaw driven by Thrilok, who was her father’s close friend, along with her sister, to their school at East Fort.
During the period when the accused sexually assaulted her, the survivor’s sister had gone to stay with their parents as she was ill. Besides assaulting her in his vehicle, the accused had also taken her to a lodge where the survivor claimed to have been raped by another person.
During the trial, the investigation officer testified that the accused did not cooperate with the police. As a result, they could not trace the details of the other person who committed the crime and the lodge where she was taken. However, the court ruled that the absence of such details could not negate the prosecution case against the accused.
Her ordeal came to light when she complained of stomach pain at the school and subsequently divulged the incidents to her class teacher. The Fort Police had arrested Thrilok on March 9, 2013.
While the court also found him guilty under Section 376(f)(i) (rape) of the IPC, no separate sentence was awarded in view of the limit of punishment prescribed by the relevant laws.
The prosecution presented 16 witnesses and 27 exhibits during the trial. S.Y. Suresh, who was then circle inspector, Fort Police, had investigated the case.
