Mumbai Court Delivers Justice in 2016 Sexual Assault Case Against Teenagers
In a significant ruling, a special Protection of Children from Sexual Offences (POCSO) court in Mumbai has convicted and sentenced a 28-year-old man to three years of rigorous imprisonment. The case pertains to the sexual assault of a 17-year-old student and the outrage of modesty of her 16-year-old cousin sister near Jogeshwari railway station back in 2016.
Court's Detailed Observations and Sentencing Rationale
Special Judge Shilpa S Todkar, while pronouncing the verdict, stated, "Considering the overall evidence on record, prosecution has satisfactorily proved that the accused pushed the sister of victim, went a few distance ahead, he again came back and sexually assaulted the victim and her sister with intention to outrage their modesty." The judge granted some leniency in sentencing, noting that the convict, identified as Dinesh alias Dayalal Lala Gari, was the sole earning member of his family. The maximum punishment for such offenses could have extended up to five years of imprisonment.
Chronology of the Incident and Legal Proceedings
The unfortunate incident unfolded on the afternoon of July 22, 2016, when the two victims were walking to their college. As they approached a footwear shop, Gari suddenly emerged from the opposite direction. He first pushed the cousin sister and then inappropriately touched the 17-year-old victim. The harassment continued until the brave girls managed to apprehend him and alert nearby patrolling police personnel. Gari was immediately arrested and taken to the Jogeshwari police station.
However, the trial commenced only in 2022, with six witnesses being cited by Special Public Prosecutor Geeta Malankar. These witnesses included the two victims, who were aged 17 and 16 respectively at the time of the incident. Both women deposed during the trial, providing crucial testimony.
Evidence and Defense Arguments
The medical evidence presented in court corroborated the victim's deposition, specifically noting her complaints of chest pain following the sexual assault. While the defense argued that the victim had misidentified the accused, the court firmly rejected this claim. Judge Todkar pointed out that Gari was caught red-handed at the spot immediately after committing the crime. The judge further observed that the testimonies of both victims were consistent and corroborating, leaving no room for doubt regarding the accused's guilt.
It is noteworthy that the accused was out on bail during the trial proceedings. This conviction underscores the judiciary's commitment to delivering justice in cases of sexual offenses, even when there are delays in the legal process. The ruling serves as a reminder of the importance of protecting minors and ensuring their safety in public spaces.
