Bihar's Mohania gang rape accused sentenced to 35 years rigorous imprisonment

A Special Court for the Protection of Children from Sexual Offenses (POCSO) in Bihar's Bhabua has sentenced two accused in the 2019 Mohania gang-rape case to rigorous imprisonment of 35 years.

The special court of Additional District and Sessions Judge (ADJ) Ashutosh Kumar Upadhyay also awarded a fine of ₹3.30 million to each of the accused and an additional six months in jail in default of payment. The court directed the accused to pay a total fine of ₹6.60 crore to the victim and directed the District Legal Services Authority (DLSA) to pay her adequate compensation.

The gang-rape of a minor girl sparked tension in Mohania town that resulted in assault and arson for three days in the third week of November 2019. Two persons were injured in police firing, and several were injured when an aggressive mob charged them with batons to destroy the houses of the accused. 

Advocate for the survivors, Mantu Pandey, said the 15-year-old schoolgirl was abducted by four youths in a car from near Mundeshwari Gate in Mohania while she was returning home after purchasing a “hard copy” around 1:00 pm on November 15, 2019.

The accused took her to a deserted place on the banks of the Durgawati river near Ratwar village and gang-raped her at knife point after piercing her mouth. They also made video clips of the rape and left the girl after threatening to kill her entire family and that the video would go viral if she informed her parents or the police. Angry locals thronged the roads and attacked shops and houses after the allegations went viral on social media platforms on November 24.

A case has been registered against accused Mohammed Shahnawaz alias Sonu, Sikandar Ansari, Arbaz Alam alias Pallu and Mohammed Kalamu alias Sonu, all residents of Mohania town, at Bhabua Women's Police Station under Sections 376 (D), 366, 506, 504, 342, 341 of the Indian Penal Code of the Penal Code (IPC), Section 67A and 67 B of the Information Technology (IT) Act and Sections 6, 12 (2) and 14 of the POCSO Act.

The survivor's statement was also recorded in accordance with Section 164 of the Civil Code the following day. The police arrested the accused within three days, and on November 30, the indictment was presented to the court within seven days. The trial began, but no lawyer could be arranged to defend the accused for a year and a half.

The two accused face separate trials because one was a minor at the time of the crime. Sixteen witnesses were examined by the prosecution and two by the defense. On February 24, the court found both defendants guilty of the crimes and set sentencing for March 4.

The court did not impose punishment under the POCSO Act on the accused, as the prosecution failed to prove that the deceased was a minor. The lawyer and parents of the survivors said they respected the court's verdict but added that the heinous crime deserved the death penalty, for which they would move the Patna High Court and the Supreme Court.