Kohima, December 13 : A district court in Nagaland on Friday sentenced a serving village head to 10 years of rigorous imprisonment for raping an 82-year-old woman holding that the gravity of the offence and the victims extreme vulnerability outweighed all mitigating circumstances.
The Principal District and Sessions Court Kohima convicted Yhunthonlo Kez (42) who was the Gaon bura (village head) of Tesophenyu village at the time of the offence under Sections 376(1), 354A(1)(i) and 323 of the Indian Penal Code (IPC).
The court awarded 10 years of rigorous imprisonment and a fine of Rs 10,000 for the offence of rape under Section 376(1) IPC; one year of rigorous imprisonment with a fine of Rs 1,000 for sexual harassment under Section 354A(1)(i); and six months of simple imprisonment with a fine of Rs 500 for voluntarily causing hurt under Section 323. All sentences will run concurrently. In default of payment of fines the convict will have to undergo additional simple imprisonment.
Taking note of the survivor advanced age and the physical and psychological trauma suffered by her the court directed the state government to pay Rs 2 lakh as compensation under Section 357A of the Code of Criminal Procedure (CrPC) and the Victim Compensation Scheme. It also ordered that Rs 6,000 from the total fine amount of Rs 11,500 be paid to the survivor.
Condemning the crime the court observed that the offence of rape is serious and grave and undermines the bodily integrity and dignity of the victim. It noted that the 82-year-old woman was completely helpless at the time of the incident which occurred in the sanctity of her home an aspect that aggravated the offence.
While acknowledging that the accused was a first-time offender the court held that the mitigating circumstances did not outweigh the aggravated factors particularly as the convict held an important customary and administrative position. It said that being a Gaon Bura he holds an important customary and administrative position but failed to adhere to the discipline expected of him.
The case was investigated by UBSI of the Women Police Station Kohima and prosecuted by Special Public Prosecutor L Sashi Mongla. Nine prosecution witnesses were examined during the trial.
The prosecution office appreciated the coordinated efforts of the investigating officer, prosecution team witnesses and support staff for ensuring an effective investigation and a successful trial, and reiterated its commitment to safeguarding the rights of women, especially vulnerable survivors.
