Man sentenced to 10yrs RI for minor rape bid

Itanagar: A special court in Arunachal Pradesh's Yupia sentenced one Sarul Jamal (27) to 10 years of rigorous imprisonment (RI) for attempting to rape a minor girl in 2022.

The sentence was pronounced by special judge (POCSO), Yupia, Dr Hirendra Kashyap, under Section 376(3)/511 of the Indian Penal Code (IPC), read with Section 4(2)/18 of the POCSO Act. The convict has also been slapped with a fine of Rs 10,000, pending which he will have to undergo an additional one month of imprisonment.

The incident, which took place on Sept 5, 2022, unfolded when the girl, who was returning home after a Teachers' Day celebrations at her school, noticed two men smoking by the roadside. As she continued on her way, one of them began to follow her. Nearing a jungle area, the minor was suddenly confronted by the man, who asked her to "understand his feelings". He then grabbed her, before pushing her to the ground and gagging her. He allegedly held her by the neck and called out to his companion to come closer. Putting up a strong resistance against her attacker, the minor screamed for help and managed to break free. She ran home and narrated her ordeal to her uncle. Her elder brother filed an FIR.

Acting on it, the Itanagar women police station registered a case under Sections 354/34 of the IPC, read with Section 8 of POCSO Act. As per the court order, although the offence fell under the category of "attempt to commit rape", the punishment applicable — being one-half of the maximum prescribed sentence — was determined in accordance with Sections 511 IPC and 18 of the POCSO Act.

Since the punishment for rape of a child under 16 (under Section 376(3) IPC and Section 4(2) POCSO) is life imprisonment, the court sentenced the convict to half that term, i.e., 10 years, as per Section 57 of IPC, which treats life imprisonment as equivalent to 20 years for sentencing calculations.