Rapist of child under 12 must be punished by death sentence under Indian penal code & Pocso act

Sexual assault and rape are generally defined as Felonies. During the last 30 years, states have enacted rape shield laws to protect victims and remedies to punish the perpetrators. If I look into the Law remedy provide in India, surprisingly, not even a single section provides the strict punishment to the rapist to restrain the penetration and sexual assault of child.

No hard and fast rules or Law has been made in India to prevent the rape of child under the age of 12 till yet, weather the definition of rape comes under the Indian penal code or The Protection of Children from Sexual Offence Act, 2012 but both does not touch the safety measure for the children. The rapist thinks that he would be punished by the 7-10 years not more else or rarely by the imprisonment by life. Rapist does not dare to act of such type because lack of the hardcore punishment and ruin the children life.

Sometimes children die by such cruelty then law of India given to punishment till death. Some cases are sound good as follow –
State of Maharashtra Vs. Dattatraya
“Accused was found guilty under POCSO and awarded the death penalty. Accused was neighbor of the victim, age 5 years. He took the victim to his house forcibly had vaginal & anal sex, caused her head injuries and smothered her as a result of which she died.”

If perpetrator sentenced by death by the lower court, he has other remedy to higher appeal and higher and finally, at the last stage death sentence convert into the life sentence or accused acquitted by the authority just like the Mathura Case given as fellow –
The Mathura rape case was an incident of custodial rape in India on 26 March 1972, wherein Mathura, a tribal girl who was a minor at the time, was allegedly raped by two policemen on the compound of Desai Ganj Police Station in Chandrapur district of Maharashtra. After the Supreme Court acquitted the accused, there was public outcry and protests, which eventually led to amendments in Indian rape law via The Criminal Law (Second Amendment) Act 1983 (No. 46).

According to the National Crime Records Bureau 2013 annual report, 24,923 rape cases were reported across India in 2012. Most cases go unreported. Poor awareness, social stigma, and negligence remain attached to the issue. There is a culture of silence around it.

In 1998 The Indian NGO Recovery and Healing from Incest (RAHI) conducted India's first study of child sexual abuse. It surveyed 600 English-speaking middle and upper-class women, 76 percent of whom said they had been abused in childhood or adolescence, 40 percent by at least one family member, most commonly an uncle or cousin.