Rape of Minor Girl Child – Two new cases come to light in UP & Uttarakhand

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A 13 year old girl wanted to be a doctor and serve people of her village. However, her dream and aspiration was cut short abruptly in a doctor’s chamber where she breathed her last yesterday.

The girl was allegedly raped and poisoned by a man in Bulandshahr’s Dibai district on 16th September and brought to the district hospital for treatment. However, unable to sustain the injuries, she succumbed to death a day later on Monday.

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Police suspect she was poisoned after the alleged assault. The 21-year-old youth accused of the rape has been arrested.

Police said,

“Accused has been arrested and further investigation is underway.”

The girl informed her parents about the assault and the complaint was filed by the victim’s mother. As per the police reports, the accused came to the victim’s house and called her to come outside.

“Then the youth took her to his house around 300 metres away and sexually assaulted her”, said the police.

While the autopsy report did not confirm cause of death, the viscera has been preserved for testing.

In another rape incident reported from Dehradun, Uttarakhand, a class 10 student was allegedly gang raped in a school last month. ADG Law and Order said,

“It’s a month old incident and has come to light only now. School had tried to hide the matter. All nine accused – five staff and four students have been arrested. Action will be taken”.

The Union Cabinet Chaired had given approval to the promulgation of the Criminal Law (Amendment) Ordinance, 2018 for effective deterrence against the commission of rape. It had also decided to put in place a number of measures for speedy investigation and trial of rape cases.

The move comes against the backdrop of the alleged rape and murder of girls in Jammu and Kashmir’s Kathua and Gujarat’s Surat district, as reported by the Indian Express.

What does the amended Criminal Law state?

  • Minimum punishment in case of rape of women has been increased from rigorous imprisonment of 7 years to 10 years, extendable to life imprisonment.
    In case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
    • The punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.
    • Stringent punishment for rape of a girl under 12 years has been provided – minimum 20 years’ imprisonment or imprisonment for rest of life or with death.
    • In case of gang rape of a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.

Speedy investigation and trial:

• Time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within 2 months.
• Time limit for completion of trial of all rape cases has also been prescribed and it has to be necessarily completed in 2 months.
• 6 months’ time limit for disposal of appeals in rape cases has also been prescribed.

Restrictions on Bail

• It has been prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years.
• It has also been provided that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.

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