A special Pocso court in Bhachau town of Kutch district has sentenced a 29-year-old man, Shiva Koli (Parkara), to 20 years of rigorous imprisonment for aggravated penetrative sexual assault on a girl with cognitive impairment. The verdict was delivered within three months of the offence being registered.
Court Relies on Victim's Testimony
The victim's testimony, which corroborated other evidence, led to the conviction. The court held that "cognitive impairment of the victim does not render her testimony unreliable." Special judge (Pocso) Andleep Tiwari delivered the judgment on Monday, finding the accused guilty under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (Pocso) Act, 2012.
Details of the Incident
The FIR was lodged on January 6, 2026, at Rapar police station. The offence occurred on January 1, 2026, when the victim, then 15 years, five months and 25 days old, went missing from her home in Navapara. The victim's mother found her daughter crying and distressed behind a petrol pump in some acacia bushes, with her leggings worn inside out. Despite her mild cognitive impairment, the victim narrated to her mother that the accused had taken her there and committed a sexual act upon her. The victim's younger brother testified to seeing the accused taking the victim towards the petrol pump.
Court's Reasoning
The special court relied heavily on the "sterling quality evidence" of the victim, whose testimony was clear, cogent, and consistent despite her challenges in communication. The court noted: "Although the victim had mild cognitive impairment and was speaking in broken language, she was conversant with the place and persons and was able to communicate what had happened with her. Further, the Pocso Act does not exclude the testimony of a victim with cognitive impairment." Addressing the defence's arguments, the court held that the cognitive impairment does not render the testimony unreliable. It also dismissed minor procedural lapses in the investigation, such as missing CCTV footage or lack of forensic evidence due to delay in sample collection, stating that these deficiencies cannot override the credible testimony of the victim.
Police Efficiency
Sagar Bagmar, superintendent of police, Kutch (east), said: "We expediently gathered medical and other evidence, recorded the statements of the witnesses and filed a chargesheet before the trial court with all the evidence on January 18, within 12 days of the offence being registered."
Conviction and Compensation
The court convicted the accused under Bharatiya Nyaya Sanhita Sections 64 (2)(i)(k), 137 (2) and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act. The court directed the District Legal Services Authority, Kutch, to award a total compensation of Rs 5 lakh to the victim under the Gujarat Victim Compensation Scheme, 2019.
