A special Protection of Children from Sexual Offences (Pocso) court in Mumbai on Saturday convicted and sentenced a 33-year-old man to 20 years of rigorous imprisonment for the repeated sexual assault of a 13-year-old girl who worked as a domestic help at his home, resulting in her pregnancy. The court observed that delay in filing the First Information Report (FIR) in cases of sexual assault involving minors is natural due to social stigma, fear, and attempts at mediation, and refused to give the benefit of the delay to the accused.
Court's Observations on Delay in FIR
Special Judge R.J. Pawar noted that the promise of marriage and medical expenses was clearly a ploy to prevent legal recourse, which explains the delay in the FIR. The judge stated, "The delay does not appear to be used for 'concocting' a story, as the pregnancy and subsequent birth of a child are 'hard facts' that cannot be fabricated."
Details of the Crime
The victim's ordeal began in November 2020 when her mother sent her to the accused's home to assist with household chores while his wife was away at their native village. Special Public Prosecutor Geeta Sharma established that the accused repeatedly raped the girl. The matter came to light only after a neighbor noticed that the girl's abdomen was enlarged. The crime remained hidden until June 13, 2021, when a neighbor observed the young girl's enlarged abdomen. A subsequent pregnancy test confirmed the victim was pregnant, leading her to disclose the months of abuse she had suffered.
The victim testified that the man locked the door, gagged her, and committed forcible intercourse on multiple occasions, threatening to kill her family if she spoke out.
Role of DNA Evidence
During the trial, the court relied heavily on DNA evidence, which confirmed that the primary accused was the biological father of the child delivered by the victim in October 2021. Regarding the scientific findings, the judge noted, "DNA when proved with due procedure cannot be challenged." The judgment further noted that the minor's testimony was credible despite defence arguments regarding the lack of immediate outcry in a crowded neighborhood, attributing her silence to being "terrorized" by death threats.
Conviction of the Second Accused
The second accused, the man's sister-in-law, was found guilty of taking the victim to a fertility center and registering her under a fictitious name to hide her identity and minority. The judge observed that this act "was clearly intended to mask the victim's identity and age to avoid legal scrutiny." She was sentenced to one year of rigorous imprisonment for cheating by personation and six months for failing to report the offense.
Compensation and Sentencing
The court directed that the matter be placed before the District Legal Services Authority to ensure the victim receives compensation. While the primary accused received a 20-year term and a fine, the court granted him a set-off for the period already spent in judicial custody since his arrest in September 2021. The sister-in-law was ordered to surrender her bail bond to serve the remainder of her sentence.
