Rajkot Court Delivers Landmark Verdict in Pocso Case Involving Disabled Accused
In a significant ruling that underscores the stringent application of child protection laws, a special Pocso court in Dhoraji town, Rajkot district, has convicted a 28-year-old man, Suresh Mavi, who suffers from 90% paralysis in both legs, for the heinous crime of raping a 15-year-old girl. The incident occurred in June last year at a village near Bhayavadar, sending shockwaves through the local community and highlighting the vulnerabilities faced by minors in rural areas.
Court Orders Compensation and Imposes Severe Sentence
Special Pocso judge A M Sheikh delivered the verdict on Wednesday, marking a decisive moment in the pursuit of justice for the young victim. The court ordered the payment of Rs 7 lakh as compensation to the victim, a crucial step towards her rehabilitation and support. Mavi was sentenced to 20 years of rigorous imprisonment for aggravated penetrative sexual assault under the Protection of Children from Sexual Offences (Pocso) Act, reflecting the gravity of the offense. Additionally, he was fined Rs 5,000, further emphasizing the legal consequences of such acts.
Timeline of the Crime and Investigation
The case unfolded when the victim's mother filed a formal complaint on June 12, alleging that Mavi had kidnapped her daughter. Law enforcement acted swiftly, leading to Mavi's arrest on June 23. However, his co-accused, Sunil Mavi, who allegedly assisted in transporting the victim to Ahmedabad, remains at large, underscoring ongoing challenges in apprehending all involved parties. According to the prosecution's detailed account, Suresh Mavi first approached the girl on her way to school, making a romantic proposal that set the stage for subsequent abuse.
The prosecution outlined a harrowing sequence of events:
- Mavi trespassed into the victim's hut and raped her on multiple occasions.
- He later pressured her to elope with him, and when she refused, he resorted to threats of self-harm and false implication to coerce her compliance.
- The victim eventually met Mavi in the market, and they traveled first to Junagadh and then to a relative's house in Ahmedabad, where she endured repeated sexual assaults.
Legal Arguments and Medical Evidence
During the trial, the defense raised a contentious argument, claiming that Mavi's 90% leg paralysis rendered him physically incapable of committing rape. This assertion was vigorously countered by the prosecution, which presented a doctor's statement confirming that the accused's reproductive organs were fully formed and functional. This medical evidence demonstrated that Mavi was physically able to perform the act despite his disability, a key factor in the court's decision.
Additional public prosecutor K M Parekh emphasized the predatory nature of the crime, noting that the accused, whose age is "almost double that of the victim", had cunningly lured her into his trap. He stated, "The doctor's certificate proved that the accused was capable of having sexual relations," and urged the court to convict Mavi based on the overwhelming evidence and the victim's tender age. The court ultimately convicted the accused under Bharatiya Nyaya Sanhita Section 64(2) and Section 6 of the Pocso Act, reinforcing the legal framework designed to protect children from sexual exploitation.
Broader Implications and Community Impact
This case not only brings a perpetrator to justice but also serves as a stark reminder of the importance of robust legal mechanisms like the Pocso Act in safeguarding minors. It highlights how disabilities do not preclude individuals from committing crimes and underscores the need for thorough investigations and medical assessments in such sensitive matters. The verdict is expected to resonate across Rajkot and beyond, promoting awareness about child safety and the relentless pursuit of justice, regardless of the accused's physical condition.
