Mumbai: Observing that a victim of sexual offences is a victim of the lust of another person, and her evidence stands at a higher pedestal than that of other witnesses, a special POCSO court convicted and sentenced a 37-year-old man, her mother’s partner, to life imprisonment for raping and assaulting her.
The judge, who relied on the statement of an 11-year-old physically challenged girl, said that the victim was a small child and there was no motive for her to falsely implicate anybody. “Under such circumstances, the offence committed against such a child needs to be viewed strictly…sexual offences cause physical, emotional, psychological, and social trauma to the victim,” said special judge JP Darekar.
The judge further said that non-examination of any other independent witness does not carry much weight. “It is the settled principle of law that conviction can be based only on the oral testimony of the victim…the evidence of the victim is inspiring confidence. Therefore, the benefit of non-production of the Chemical Analysis Report is not given to the accused,” the judge said.
The child suffered from a disability in her limbs when she was struck with pneumonia at six months old. Her mother later separated from her biological father as he was abusive. Eight months before the incident, the mother met the accused and began to live with him.
The child was living with her maternal grandmother. Two months prior to the incident in June 2019, the mother returned from her hometown with her daughter (the victim) for medical treatment. She began residing with the accused. The complainant worked night shifts. The victim, who only speaks Bengali, confided in her mother on June 1, 2019, stating she was experiencing difficulty urinating and expressed fear of the accused.
The victim disclosed that on May 31, 2019, while her mother was at work, Pratap woke her up between 1 and 2 am, undressed her, forced her onto the floor, and sexually assaulted her. The victim experienced pain and cried, attempting to resist, but the accused threatened her with a stick and demanded her silence. He also engaged in unnatural sexual acts with her against her will. The mother attempted to contact the accused by phone, but he claimed to be returning home and failed to do so. After waiting, she informed her neighbours and subsequently filed a police report.
Mumbai: Observing that a victim of sexual offences is a victim of the lust of another person, and her evidence stands at a higher pedestal than that of other witnesses, a special POCSO court convicted and sentenced a 37-year-old man, her mother’s partner, to life imprisonment for raping and assaulting her.
The judge, who relied on the statement of an 11-year-old physically challenged girl, said that the victim was a small child and there was no motive for her to falsely implicate anybody. “Under such circumstances, the offence committed against such a child needs to be viewed strictly…sexual offences cause physical, emotional, psychological, and social trauma to the victim,” said special judge JP Darekar.
The judge further said that non-examination of any other independent witness does not carry much weight. “It is the settled principle of law that conviction can be based only on the oral testimony of the victim…the evidence of the victim is inspiring confidence. Therefore, the benefit of non-production of the Chemical Analysis Report is not given to the accused,” the judge said.
The child suffered from a disability in her limbs when she was struck with pneumonia at six months old. Her mother later separated from her biological father as he was abusive. Eight months before the incident, the mother met the accused and began to live with him.
The child was living with her maternal grandmother. Two months prior to the incident in June 2019, the mother returned from her hometown with her daughter (the victim) for medical treatment. She began residing with the accused. The complainant worked night shifts. The victim, who only speaks Bengali, confided in her mother on June 1, 2019, stating she was experiencing difficulty urinating and expressed fear of the accused.
The victim disclosed that on May 31, 2019, while her mother was at work, Pratap woke her up between 1 and 2 am, undressed her, forced her onto the floor, and sexually assaulted her. The victim experienced pain and cried, attempting to resist, but the accused threatened her with a stick and demanded her silence. He also engaged in unnatural sexual acts with her against her will. The mother attempted to contact the accused by phone, but he claimed to be returning home and failed to do so. After waiting, she informed her neighbours and subsequently filed a police report.
