The Madras High Court judge, Justice P. Devadass, who recently referred the case of a rapist for mediation with the survivor that triggered a row, on Thursday expressed concern over women and children increasingly becoming target of “lust” of men and said such “vultures” cannot be spared lightly.

He made the observation while upholding 10-year rigorous imprisonment on a person for raping a four-and-a-half-year old child.

Justice Devadass in his order said, “The appellant has raped the girl who was then four-and-half-years old,” as he endorsed the judgment of December 20, 2010 of the Erode Principal Assistant Sessions Judge.

“In these days, increasingly women and children are becoming target of lust of men. It is a motiveless crime. It is beastly behaviour. Such kind of criminal behaviour does not deserve sympathy. Such kind of vultures cannot be spared lightly.”

Justice Devadass, while dismissing the appeal filed by Senthil Kumar of Erode, said, “...A girl child of four-and-a-half-years old cannot be expected to tell the sexual act committed on her in so many words, with details thereof like a mature girl. The medical evidence adduced in this case shows that the said girl had been subjected to sexual intercourse.

“Reading the medical evidence in the light of said explanation to IPC Section 375, prosecution established that she had been subjected to sexual intercourse.”

According to the prosecution, the minor girl at Oricherrypudur in Erode District was raped by the appellant in 2008 after luring her with sweets when her parents were away at work.

The trial court convicted him for offences of kidnapping and raping.

He was sentenced to 10 years R.I and slapped with a fine of Rs. 1,000 and in default to undergo another six months R.I, following which he filed the present appeal in the High Court.

Dismissing the appeal, the judge said the prosecution has proved the case beyond reasonable doubt.

Justice Devadass was in the news recently after he referred a case of a rape convict, who was awarded seven years imprisonment by a trial court, to its mediation centre to settle the matter taking note of the future of the survivor who bore a child out of that union.