cadena perpetua para autor de violación sexual a menor de edad en Huaura

391
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Los Magistrados PAVEL COCA CAYCHO (Director de Debate), JULIO ARTURO RODRIGUEZ MARTEL y MARIA ANGELA GONZALES DIAZ  – Jueces del Juzgado Penal Colegiado Supraprovincial de Huaura, en la Sala de Audiencias N° 01  del Establecimiento Penitenciario de Carquín, en audiencia de continuación de JUICIO ORAL, en el expediente N° N° 1584-2018-21, proceso seguido contra ELIO DANIEL DEPAZ CASTILLO, por la presunta comisión del delito de VIOLACIÓN SEXUAL DE MENOR DE EDAD, en agravio de Y.A.C.CH.; decidieron por UNANIMIDAD, CONDENAR a ELIO DANIEL DEPAZ CASTILLO como autor del delito contra la libertad sexual en la modalidad de VIOLACIÓN SEXUAL DE MENOR DE EDAD,  en agravio de la menor de iniciales Y.A.C.CH.; imponiéndosele la pena de CADENA PERPETUA.

FIJARON en la suma de  S/ 5,000.00 (CINCO MIL SOLES) el monto por concepto de reparación civil, que deberá ser cancelado por el  sentenciado a favor de la agraviada y SE ORDENÓ que previo examen médico y psicológico, el sentenciado sea sometido a un  tratamiento terapéutico, para facilitar su readaptación social (Resolución N° 05 de fecha 26-04-2019).

Resolvieron también que la LECTURA INTEGRAL DE LA SENTENCIA sea realizada el día 09 DE MAYO DE 2019 a las 4:45 PM., en la Sala N° 01 del Establecimiento Penal de Carquín, disponiendo oficiar al Director del Establecimiento Penal de Carquín, para el traslado de los sentenciado en el día y hora antes señalado (Resolución N°06 de fecha 26-04-2019).

DE LOS HECHOS EXPUESTOS por el representante del MINISTERIO PÚBLICO, expone sus alegatos de cierre precisando que: Considera que se ha demostrado la responsabilidad de ELIO DANIEL DEPAZ CASTILLO en agravio de Y.A.C.CH; se ha demostrado el contexto de la comisión del hecho, la existencia de una relación de convivencia entre el acusado y la madre de la agraviada, se ha demostrado la relación de los hechos de imputación en agravio de la menor conforme la cámara Gessel, donde se estableció la relación de hechos y la menor cuenta que fue desde los 5 años de edad. “Con el acta de inspección se ha acreditado la existencia de una habitación, la agraviada dijo que allí fue víctima de abuso sexual; se ha examinado a la madre de la menor, quien ha detallado las circunstancias donde tomó conocimiento del hecho, se ha acreditado el contexto de abuso, y en donde el acusado aprovechaba la situación donde la menor se quedaba sola para abusar de ella. Por todo lo expuesto, considera que se ha acreditado plenamente la comisión del delito de violación sexual de menor de edad y la vinculación del acusado”, por lo que solicita la pena de cadena perpetua.

La DEFENSA DEL ACUSADO en sus alegatos de cierre precisó que: El Ministerio Público no ha acreditado la culpabilidad de su patrocinado, tampoco el actor civil; se no ha cumplido los artículos 104 y 105 del C.P.P, ya que del actor civil solo se ha escuchado la pretensión económica y no ha ayudado a nada en esclarecer los hechos; reconoce que ha habido una relación convivencial de su patrocinado con la madre de la agraviada.

El Ministerio Público no tiene más elementos de convicción, solo ha traído a la mamá de la agraviada, pero ha debido de ofrecer a la menor; la sindicación no tendría la persistencia porque  el Ministerio Público no ha ofrecido a la menor; invoca el respeto a los principios de presunción de inocencia, por todo ello, solicita la  absolución de toda responsabilidad de su patrocinado, se disponga su inmediata libertad y solicitó que se remitan copias certificadas para individualizar al autor de este vejamen.

AUTODEFENSA DEL ACUSADO (Artículo 391 del C.P.P.), El Director de Debate concede el uso de la palabra al ACUSADO y refirió que es inocente, él también quiere que se solucione este problema porque tiene un hijo y quiere darle todo por él, los médicos legales dicen que la niña no ha sido ultrajada y que se tome el caso.

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