‘Rarest of Rare’ Verdict: Yupia Court Hands Death Sentence in POCSO Case

A special POCSO court in Yupia has sentenced a 44-year-old man to death for repeatedly raping his minor relative in 2019, calling the offence a “rarest of rare” case involving a grave breach of trust.

Special Judge (POCSO) Dr. Hirendra Kashyap convicted Lakang Tallang under Sections 376(2)(f) and 506 of the IPC, along with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The court held that the accused, being the victim’s maternal uncle, abused his position of trust to commit aggravated penetrative sexual assault.

According to the prosecution, led by Special Public Prosecutor Kagam Bagra, the incident occurred on June 4, 2019. The minor girl, then a primary school student, was travelling from Seppa to her elder sister’s residence in Doimukh. The accused, entrusted to escort her, allegedly diverted the vehicle to a secluded area near Kheel, threatened her with a machete, and raped her in a roadside jungle.

The court observed that the accused assaulted the child twice—first in a jungle and later behind a bus stop—before abandoning her near Rono Hills and threatening her with severe consequences if she revealed the incident.

The victim later informed her family, leading to an FIR being registered at Doimukh police station the same day.

During the trial, the prosecution examined 11 witnesses, including the victim, her family members, medical experts, and the investigating officer. The victim’s statement under Section 164 CrPC was found to be consistent and reliable.

Medical reports confirmed injuries consistent with sexual assault, including genital injuries. Forensic tests detected human semen on the victim’s clothing and biological samples, supporting the prosecution’s case. The accused’s medical report also indicated recent sexual activity.

The court concluded that the prosecution proved the case beyond reasonable doubt and that the accused exploited his familial relationship to commit the crime. Based on ossification tests, the victim was confirmed to be below 18 years of age at the time of the incident.

While deciding the sentence, the court noted that the convict was a repeat offender who had previously been sentenced to life imprisonment in another POCSO case. It highlighted repeated assault, breach of trust, and threats, along with the absence of remorse.

Rejecting the defence’s plea for leniency, the court ruled that life imprisonment would be inadequate and awarded the death penalty.

“The convict poses a serious threat to children in society and deserves the strictest punishment,” the court observed.

The court also imposed a fine of ₹1 lakh. The matter has been referred to the Gauhati High Court for confirmation of the death sentence. Additionally, the District Legal Services Authority has been directed to provide compensation to the victim under the Arunachal Pradesh Victim’s Compensation Act, 2011.

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