Pune Court Delivers 20-Year Sentence for Grocery Store Owner in Minor Sexual Assault Case
In a significant verdict, the court of special judge B D Shelke in Baramati, Pune, has sentenced a 23-year-old grocery store owner to 20 years of rigorous imprisonment for repeatedly sexually assaulting an 8-year-old minor girl over a period of more than a year. The judgment, delivered on Wednesday, underscores the judiciary's firm stance on crimes against children.
Court Convicts Accused Under Multiple Sections of IPC and POCSO Act
Stating that special public prosecutor K S Navale had proved the charges beyond reasonable doubt, the court convicted the accused under sections 376(2N) for repeated rape on the same woman, 354 for attempt to outrage the modesty of a woman, and 506 for criminal intimidation of the Indian Penal Code. Additionally, the conviction included sections 4, 6, 8, and 12 of the Protection of Children from Sexual Offences (POCSO) Act, which specifically addresses crimes against minors.
Details of the Assault and Investigation
According to the prosecution, the grocery store owner, hailing from a village in Daund, subjected the minor girl to sexual assault on multiple occasions between February 2021 and March 2022. The horrific incidents came to light only after the girl courageously disclosed the acts to her mother on March 11, 2022. Following this revelation, an FIR was promptly registered at the Yavat police station, initiating a thorough investigation.
During the trial, the prosecution examined a total of 10 witnesses, including:
- The survivor herself
- Her parents
- The medical officer who conducted the examination
- The investigating officer
The court placed significant reliance on the consistent and credible testimony of the minor girl, which it found to be trustworthy and free from doubt. Judge Shelke remarked, "It can be safely gathered that the evidence of the girl is free from doubt and she appears to be a truthful witness."
Medical and Documentary Evidence Corroborate Allegations
The medical evidence, including the medico-legal examination report, strongly corroborated the allegations of sexual assault. Furthermore, the court accepted documentary evidence that conclusively established the survivor was below 12 years of age at the time of the assaults, a critical factor under the POCSO Act.
Rejecting the defence's contention of false implication and delay in filing the FIR, the court observed that the explanation provided by the victim's family was plausible. The judge noted, "It is highly impossible for such reason the prudent parents would tarnish and scandalise the character of their minor daughter…" This observation highlighted the court's understanding of the trauma and societal pressures faced by victims' families.
Presumption Under POCSO Act and Final Ruling
Invoking the presumption under Section 29 of the POCSO Act, which places the burden of proof on the accused in such cases, the court held that the accused failed to rebut the evidence presented by the prosecution. This legal provision strengthens the prosecution's case in child sexual abuse matters, ensuring that perpetrators are held accountable.
The sentencing to 20 years of rigorous imprisonment sends a strong message about the severity with which the Indian judiciary treats crimes against children. This case serves as a reminder of the importance of prompt reporting, thorough investigation, and the pivotal role of victim testimony in securing justice.
