Mumbai: Observing that although there were no scars on the body, there would be a permanent scar on the mind and a stigma, which she would carry forever, a special Pocso court on Wednesday convicted and sentenced a now 33-year-old man to 20 years of rigorous imprisonment for sexually assaulting his 8-year-old neighbour in 2016. The accused was out on bail since 2018. Finding him guilty, special judge AU Kadam refuted his defence that he was falsely implicated over Rs 55,000 lent to the child’s father.
“Generally, in cases of sexual assault, in an Indian setting, a mother would not jeopardise the future of her daughter. On the contrary, in cases of sexual assault, an attempt is made to sweep such incidents under the carpet to preserve the pride and prestige of the family and the girl. However, this factor alone cannot be given much weightage. But in the case in hand, the accused has not led a basis to set up his defence of false implication,” the judge said.
The judge also cited the age of the victim at the time of the incident and said that there was no reason for her to falsely implicate the accused. The accused was also fined Rs 5,000. The judge said that the case is to be referred to the secretary, District Legal Services Authority (DLSA), Mumbai, for compensation to the victim.
“The victim also belongs to an economically poor section. The humiliation or the reputation that is snuffed out cannot be recompensated, but then monetary compensation will at least provide some solace. Therefore, taking into consideration all these factors, this court is of the view to grant compensation to the victim through DLSA,” the judge said.
The victim was among the witnesses who deposed during trial. The incident took place on Nov 20, 2016. As it was a Sunday, the child was at home, and her mother went out to visit relatives. The mother returned home around 6.30 pm to find a crowd gathered near her house. Her eight-year-old daughter was crying. The woman rushed to her daughter, comforted her. The child recounted that around 6.15 pm, she was playing with a friend when a neighbour lured them to his house. He claimed to be impressed with the child’s handwriting and asked her to write letters on blank paper. He sent her friend to buy snacks, leaving the child alone. While the child was writing, the man sexually assaulted her. The child, frightened and in pain, asked for water. When the accused went to the kitchen to fetch it, the child escaped and returned home. She disclosed the horrifying incident to her elder sister, who alerted their father.
