20-Year Jail for Guard Who Raped 6-Year-Old, Court Awards Rs 10.5 Lakh Relief
A Delhi court has sentenced a 67-year-old security guard to 20 years of rigorous imprisonment for raping a six-year-old girl, emphasising that courts must send a strong deterrent message that crimes against children will not be tolerated. The court also awarded Rs 10.5 lakh as final compensation for the survivor's rehabilitation.
Additional Sessions Judge Ajay Nagar of Rohini Courts made the observations while pronouncing the sentence on July 3, after convicting the man on April 30 under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
“Such incidents are increasing day by day in society, and there must be some deterrence. A strong message must be conveyed that such offences against children shall not be tolerated under any circumstances, and such offenders shall be dealt with strictly by the court,” the judge said.
The case originated from a First Information Report (FIR) registered in May 2024 after the girl's family reported the assault. Following a trial, the court found the accused guilty.
During sentencing, the defence argued for leniency, citing the convict's age, lack of prior criminal record, and role as sole breadwinner for his daughter and six granddaughters, five of whom are minors. It also noted his poor health and lack of treatment in jail.
However, the court acknowledged these mitigating factors but ruled them outweighed by the offence's gravity. Citing the Supreme Court's decision in State of UP vs Sanjay Kumar, the judge stated that while courts must balance aggravating and mitigating circumstances, undue sympathy cannot dilute punishment for serious crimes. Section 42 of the POCSO Act mandates the higher punishment available.
The court stressed that the survivor's age – six at the time of the incident – and the convict's age of about 65 made the case exceptionally grave. The judge said the punishment should reflect society's abhorrence for such crimes and maintain public confidence in the justice system.
The court sentenced the man to 20 years' rigorous imprisonment under Section 5(m) punishable under Section 6 (aggravated penetrative sexual assault) of the POCSO Act, with a fine of Rs 5,000 (default 15 days' simple imprisonment). All sentences will run concurrently, and the fine, once recovered, will be paid to the survivor.
Regarding compensation, the court considered the survivor's severe physical and psychological trauma and her family's economic weakness. Reports on the family's financial condition were reviewed, and the court noted the girl needed rehabilitation, reintegration into society, and financial support to live free from trauma. It directed payment of Rs 10.50 lakh as final compensation, in addition to any interim compensation already awarded.
