YUPIA, 26 Apr: A special POCSO court here has sentenced a 44-year-old man to death for repeatedly raping his minor relative while escorting her from Seppa to Doimukh in 2019, terming the offence a “rarest of rare” case marked by extreme breach of trust.
Special Judge (POCSO) Dr Hirendra Kashyap convicted Lakang Tallang under Sections 376(2)(f) and 506 of the IPC, read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, holding that the accused, being the victim’s maternal uncle, had exploited a position of trust to commit aggravated penetrative sexual assault.
In the sentencing order, the court awarded capital punishment, observing that the convict is a repeat offender and posed a serious threat to society.
According to the prosecution led by special public prosecutor Kagam Bagra, the incident took place on 4 June, 2019, when the minor girl, then a primary school student, was being sent from Seppa to her elder sister’s residence in Doimukh. The accused, entrusted by the family to escort her, allegedly diverted the vehicle to an isolated stretch near Kheel, threatened her with a dao (machete) and raped her in a roadside jungle.
The court noted that the accused committed sexual assault on the child twice, first in a jungle area and later behind a bus stop, before dropping her near Rono Hills and fleeing after threatening her with dire consequences if she disclosed the incident.
The victim later narrated the ordeal to her family, following which an FIR was lodged at the Doimukh police station on the same day.
During trial, the prosecution examined 11 witnesses, including the victim, her family members, medical experts, and the investigating officer. The victim’s testimony, recorded before the court under Section 164 CrPC, was found to be consistent and credible.
Medical examination revealed injuries consistent with sexual assault, including vulvar injury and a freshly torn hymen. Forensic analysis detected human semen on the victim’s clothing and biological samples, corroborating the allegations. The accused’s medical report also indicated signs of recent sexual activity.
The court held that the prosecution had proved beyond reasonable doubt that the accused committed aggravated penetrative sexual assault, taking advantage of his familial relationship.
On the issue of age, the court relied on ossification test reports, concluding that the victim was below 18 years at the time of the offence and therefore a child under the POCSO Act.
While determining the sentence, the court noted that the convict had earlier been sentenced to life imprisonment in another POCSO case and had committed a similar offence again.
It observed that the crime involved repeated sexual assault on a minor, misuse of familial trust, and threats to the victim, adding that the convict showed no remorse during trial.
Rejecting the defence plea for leniency, the court said that the mitigating factors did not outweigh the gravity of the offence. It held that life imprisonment would be inadequate, given the circumstances.
“The convict… poses a threat to children in society and deserves the strictest penalty,” the court observed while awarding the death sentence.
The court sentenced the convict to death under Section 6 of the POCSO Act, and also imposed a fine of Rs 1 lakh.
The case has been referred to the Gauhati High Court for confirmation of the death sentence. The District Legal Services Authority has been asked to pay adequate compensation to the victim as provided under the Arunachal Pradesh Victim’s Compensation Act, 2011, in addition to the fine, if deposited by the convict, to be paid to the victim as cost of rehabilitation.
