Kottiyoor Rape Case: Court Orders Inquiry Against Victim's Parents For Giving False Evidence To Save The Church Priest [Read Judgment]
While convicting the priest accused in Kottiyoor Rape case, the POCSO court at Thalassery, also ordered inquiry against the parents of the victim for giving false evidence to save the accused.
The court, on Saturday, had convicted a priest of Catholic Church Robin Vadakkumchery for raping and impregnating a minor girl in 2016 and also sentence him to 20 years rigorous imprisonment.
In this case, the victim as well as her parents had given evidence against the prosecution case. The victim had deposed that she was a major at the relevant time and had consensual sexual intercourse with the accused. The parents also supported this stand taken by the victim. The father of the victim had also deposed that the victim was a major.
The court relied on the birth certificate and school admission register to hold that the victim was minor at the relevant time. It also observed that are strong reasons to arrive at a prima facie conclusion that the victim and parents had given false evidence in this regard.
It is evident that she has undergone extreme emotional trauma in life. Considering the said aspect and her young age, I am of the opinion that it is not expedient in the interest of justice to proceed against her, the Special Judge(POCSO) PN Vinod said.
But as regards the parents, the court said that inquiry should be made with regard to commission of offence u/s.191 r/w 193 of IPC. The court ordered preliminary inquiry against parents of the victim and issued notice to them show cause as to why action should not be initiated against them.
In this case, the victim herself had stated before the police that she was impregnated due to rape committed by her own father.
During her examination, she stated that the victim and the accused had lost control and had consensual sexual intercourse.
The accused admitted the paternity of the child born to the victim, and contended that the act was consensual. The counsel made extensive references to Puranas and Indian Mythology to contend that it was a natural human conduct. The court rejected the said submission stating thus: "Here, it is not moral issue that arises for consideration by this court. The question is whether there was legal justification for A1 in having sexual intercourse with PW1. I have no doubt in my mind that the act committed by A1 was legally wrong and it amounted to commission of offences punishable u/s Sec.376 of IPC and u/s Sec.3 r/w Sec.4 and Sec.5 r/w Sec.6 of the POCSO Act."
Sentenced To 20 Years imprisonment
While awarding sentence of 20 years imprisonment, the court observed: "This is a case where A1 by his sexual adventures wrecked the life of a young girl. The wreckage was massive. I am of the view that the sentence to be imposed upon A1 has to match with the gravity of the offences. However, considering the facts that the child born to PW1 and A1 is growing and the child did not have the fortune of meeting his father till date, I desist from imposing life sentence upon A1."