Section 376 keeps Babush on edge
THE GOAN NETWORK
PANAJI
Santa Cruz MLA Atanasio Monserrate could face a maximum of life imprisonment if convicted of the charges levelled against him given the serious nature of the charges and the sections applied by the investigating officers.
The most serious of the offences is that of raping a minor girl, with section 376 of the IPC.
The section, which has recently been amended in the wake of the Nirbhaya rape case, provides for punishment with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine.
Monserrate is in additional trouble with another section that has been recently amended, with the cops slapping section 370A which mandates that whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
Based on the complaint of the victim girl that she was drugged, the police have slapped him with a case of causing hurt by means of poison, which mandates that he shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Goa’s unique law mandates that whosoever commits any child abuse or sexual assault as defined under this Act, shall be punished with imprisonment of either description for a term that may extend to three years and shall also be liable to fine of Rs 1 lakh and whoever commits any grave sexual assault shall be punished with imprisonment of either description for a term that shall not be less than ten years but which may extend to life imprisonment and shall also be liable to a fine of Rs 2 lakh. Crucially, the law mandates that a statement of the child victim shall be treated on par with the statement of a child rape victim under section 375 of the IPC, as laid down by the Supreme Court.
The 2012 law similar in nature to the rape offcences under IPC but with regard to those under 18, mandates a term not less than seven years and a fine.
Other offences slapped against Monserrate include section 109 of IPC (Abetment of an offence), which carries the same punishment as mandated by the parent offence as well as section 120B (facilitating an offence) also mandates the same punishment as the parent offence, since the offence was committed.
