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“Then there was the pain. A breaking and entering when even the senses are torn apart. The act of rape on an eight-year-old body is a matter of the needle giving because the camel can’t. The child gives, because the body can, and the mind of the violator cannot.” Maya Angelou

“These victims have been scarred for future, the Court would also be failing in its duty if such predators are set free and allowed to circulate endangering other children”, said the Delhi POCSO court while sentencing a 76 years old priest namely Vishwa Bandhu to life imprisonment for raping two minor girls aged 7 and 9 years. The minor victims were also granted compensation to the tune of Rs 7,50, 000 for the physical and emotional trauma suffered.

Starting with the poem by American poet Maya Angelou, Additional Sessions Judge Vijeta Singh Rawat presiding over of Fast Track Special court (POCSO) held,

“The offences were committed repeatedly on both the victims. This only shows the rapacious and habitual conduct on the part of the convict. As already opined above, such habitual sexual predator cannot be trusted with. He has even not cared for the respect and faith attached to his office as a priest and has also desecrated the temple where the children should have had a carefree and safe time. Therefore, the interest of justice would only suffice if the convict is sentenced to rigorous imprisonment for life.”

Refuting the plea of the counsel of the convict to consider the old age of the convict as a mitigating circumstance while deciding the punishment, the court observed,

“Extremely vulnerable victims were preyed upon by the convict despite his old age and repeatedly, there seems to be no scope for reformation. Rather, considering that minor children aged about 7 and 9 years had been repeatedly raped by the convict, who was then aged about 69-70 years, irrefragably speaks volumes about the depravity and proclivity in the mindset of the convict which is an aggravating circumstance.”

Highlighting that no remorse was expressed by the priest at any stage of the trial, the court said that he has betrayed the trust and respect the victims and the public had upon him.

Stating the need for the austere punishment, ASJ further stated,

“If leniency is shown, this Court would be letting down the children who have fought all odds to pursue the matter.”

“The offences were committed repeatedly on both the victims. This only shows the rapacious and habitual conduct on the part of the convict,” the Court added.

Stating that to give effect to Restorative and Compensatory Justice and to rehabilitate the victims and to secure their emotional and mental health and to ensure that they have unhindered education equipping them for a safer future, a compensation of Rs.7,50,000/- to each was granted. As the convicted former priest does not have sufficient means to pay the compensation, the same was held to be paid by the District Legal Services Authority (DLSA).

Matter in Brief

According to the prosecution, 76 years old Vishwa Bandhu, was a priest by profession. In his abhorrent and reprehensible offence he committed rape on 2 girls aged about 7 years and 9 years ‘repeatedly’ within the precincts of the temple.

Through the interaction with the parents, it was revealed that the 7-years-old had to go to a surgery at AIIMS for recurrent abdominal pain, however, the same could not be linked to the sexual assault as per the Medical opinion. As per the parents, children have been suffering from recurrent stomach issues.

The Magnitude of the Court’s observations

Despite there being several stringent provisions for heinous crimes like rape, there has been no stopping of the same. A few days past this remarkable judgement by the POCSO court on July 16th, in another gruesome act on August 3, a 9-year-old girl was allegedly raped, murdered and forcibly cremated by a crematorium priest in Delhi Cantonment Area.

The POCSO court’s observations can become a touchstone while dealing such horrendous case of rape with minor girls.