A court in Pune has delivered a stern verdict, sentencing a 37-year-old casual labourer to five years of rigorous imprisonment for the aggravated sexual assault of a nine-year-old girl in his neighbourhood. The judgment was pronounced by Special Judge (POCSO Act) Sumit G Joshi on January 8.
Court Conviction and Charges
The accused, a resident of Ghorpadi whose identity is withheld to protect the survivor, was found guilty of multiple charges. The court convicted him under sections 354 (outraging modesty of a woman), 354-A (sexual harassment), and 506 (criminal intimidation) of the Indian Penal Code. More significantly, he was also convicted under sections 9(m) for aggravated sexual assault and section 11 for sexual harassment of the Protection of Children from Sexual Offences (POCSO) Act. The court preferred to sentence him under the stricter provisions of the POCSO Act, leading to the five-year rigorous imprisonment term.
Timeline of the Crime and Investigation
The horrific incident occurred between June 1 and June 4, 2023. The families of the accused and the survivor, a Standard IV student, were known to each other, and the girl often played with the accused's two daughters.
The case unfolded when the survivor's maternal aunt first informed the girl's mother about inappropriate touching by the accused on June 1. Initially, the mother did not take the matter seriously. However, the situation took a drastic turn on June 4, 2023, when the mother herself witnessed the accused sexually assaulting her daughter at his house. She immediately raised an alarm, leading to the man being apprehended by people in the vicinity and handed over to the Mundhwa police.
The police investigated and filed a chargesheet. While the accused was granted bail in November 2023, he was arrested and sent to jail on January 8, 2024, following the court's conviction and sentencing.
Court's Observations and Witness Testimony
Special Public Prosecutor Nitin Konghe presented the case before the court. The prosecution examined six witnesses, including the survivor and her mother, who was the complainant. Judge Joshi, in his order, referred to the depositions of the witnesses and evidence on record, which included police investigation papers and the girl's birth certificate.
The court held that the police case and the complainant's First Information Report (FIR) narration were strongly supported by the survivor's own account. Judge Joshi noted that the evidence was "reliable and unshakable." He dismissed the defence's argument of false implication due to a prior dispute, observing that no evidence was produced to support this claim.
In a significant observation, the judge stated, "It can be held that the said act is committed by the accused for no reason but only with sexual intent." This underscored the deliberate nature of the crime against the minor child.
This ruling reinforces the judicial system's commitment to applying the stringent POCSO Act to protect children from sexual predators, ensuring swift and severe punishment for such heinous acts.
