One-eyed molester deserved to get the death penalty, say kin of assaulted kids

While welcoming life term for serial molester who terrorised city, kin of assaulted children say he should have got capital punishment

"Life imprisonment till his natural death." This was the punishment Additional Sessions Judge, and the designated judge for POCSO, M A Baraliya pronounced yesterday for one-eyed molester Ayaz Mohammed Ansari. Ansari, who molested at least 68 children, was earlier convicted for raping and performing unnatural sex on a 67-year-old girl in Sion. This was his third conviction; he has at least 66 more cases pending against him.

Special public prosecutor Geeta Naval Sharma had filed an application in court seeking death penalty for him. But the court, after hearing both sides, gave life imprisonment till death. It, however, allowed additional charges to be filed against him under section 376 E of the IPC and sections 5 (T) and 9 (T) of the Protection of Children from Sexual Offences (POCSO) Act, considering it was his third conviction.

Section 376 E is applied for repeat sexual offenders and calls for either capital punishment or imprisonment for the remainder of the convict's life. "In our application, we pleaded before the court that the accused is a habitual molester, and hence, section 376 E of IPC and sections 5 (T) and 9 (T) of POCSO Act be added and he be given maximum punishment, i.e. death penalty," said Sharma.

What court said
The court order read, "The accused is convicted under section 235(2) of the CrPC for the offences punishable under sections 376, 377, 323 and 376 (E) of the Indian Penal Code, 1860, and under sections 4, 6, 8, 10, and 12 of the Protection of Children from Sexual Offences Act 2012."

The judge also said, "On realisation of fine amount, the same should be paid to the victim girl as compensation after the appeal period is over."

'Partially satisfied'
Sharma said, "I am partially satisfied with the judgment. I was expecting capital punishment; that's what he deserves, as his offences are serious. Awarding him the death penalty would have been in the interest of society and the victims."

Inspector Ajay Shirsagar, who was with the DN Nagar police, and the investigating officer, said, "I was expecting the death penalty, but the court's decision is welcome."

Families wanted death
Uncle of the DN Nagar victim reacted to the judgment and said, "Such a human being is a menace to our society. Giving life imprisonment will not send a strong message... hence, we wanted the death penalty. We would not want anyone to suffer like we did." "We respect court's order, but we were expecting the death penalty," said parents of the Sion victim.

Rigorously punished

• IPC section 376: Sentenced to rigorous imprisonment for life with a fine of Rs 20,000; if not paid, six more months will be added to the sentence
• IPC section 377: Sentenced to rigorous imprisonment for 10 years with a fine of Rs 20,000; if not paid, six more months will be added to the sentence
• IPC section 323: Sentenced to one-year imprisonment with a fine of Rs 10,000; if he fails to pay, one more month will be added to the sentence
• IPC section 376 (E): Sentenced to imprisonment for life, i.e. imprisonment for the remainder of the accused's natural life, with Rs 25,000 fine; if not paid, six more months will be added to the sentence
• POCSO Act section 4: Sentenced to suffer imprisonment for life and pay Rs 20,000 fine, failing which, six more months will be added to the sentence
• POCSO Act section 12: Sentenced to rigorous imprisonment for three months with a Rs 10,000 fine; if not paid, two more months will be added to the sentence

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