Mumbai Court Delivers 10-Year Sentence for Heinous Child Assault Case
A special Pocso court in Mumbai has handed down a stern verdict, sentencing a 31-year-old man to 10 years of rigorous imprisonment for the aggravated penetrative sexual assault of a five-year-old girl. The horrific incident occurred during a wedding celebration on New Year's Day in 2016, where the accused exploited the child's trust and innocence.
Details of the Trust Betrayal and Assault
The court observed that the young victim trusted the accused because he was an employee at her uncle's factory. During the wedding festivities, she was even seen dancing joyfully on his shoulders. However, this trust was brutally violated when the mother briefly stepped away to drink water. Seizing the opportunity, the accused abducted the girl and took her to a swampy, wooded area near a municipal garden.
Special Judge Ashwini D Lokhande noted in the judgment, "The innocent girl was unable to resist the act of the accused... He was quite masculine; he overpowered the girl, who was very small. She was helpless against the act of the accused." The judge emphasized that the trauma has left permanent scars on the victim.
Grim Discovery and Medical Evidence
A witness later spotted the accused fleeing the scene and discovered the child in a traumatized state—unclothed, covered in mud, and left in the swamp. The girl subsequently identified her assailant and provided a detailed account of the assault, describing how he scratched her, bit her, and subjected her to digital penetration.
The medical report corroborated her testimony, confirming multiple external injuries. These included nail scratches on her neck, waist, and thighs, along with a distinct bite mark on her lip. The forensic evidence played a crucial role in establishing the facts of the case.
Legal Proceedings and Defense Arguments
During the trial, the defense attempted to challenge the prosecution's case by alleging false implication due to a financial dispute with the employer. They also pointed to procedural lapses in the investigation, such as delays in sending forensic samples for analysis. However, the judge found these arguments unconvincing in light of the compelling evidence.
The court acquitted the accused of the charge of attempt to murder, citing insufficient evidence to prove intent to kill. Nevertheless, he was convicted under various sections of the Indian Penal Code and the Pocso Act, including charges of kidnapping and criminal intimidation.
Sentencing and Compensation Considerations
In delivering the sentence, Judge Lokhande highlighted the gravity of the crime: "The victim was 6 years old at the time of the incident. The accused, being the worker... the victim posed trust in him and danced with him at the relevant time. However, the accused had taken undue advantage of her innocence."
Since the convict has been in custody as an undertrial since his arrest on January 2, 2016—over a decade ago—the court granted him set-off for the time already served. Additionally, the judge has recommended the case to the District Legal Services Authority for awarding appropriate compensation to the victim, acknowledging the long-term impact of the assault.
Special Public Prosecutor Usha Jadhav successfully established the prosecution's case, demonstrating that the foundational facts were proven beyond reasonable doubt. This verdict underscores the judiciary's commitment to protecting children and delivering justice in cases of sexual violence.
