Man gets 10 years for sexual assault on 6-year-old in Thane
The accused, a Kalwa resident, was convicted under sections 4, 6, and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Additional Sessions Judge AS Bhagwat sentenced the accused to concurrent prison terms - seven years for penetrative assault. The court also imposed a fine of Rs 5,000 for each offence. The horrific incident occurred on August 4, 2023, between 7:30 pm and 9:00 pm while the victim was playing outside her neighbour's house where her mother went for stitching classes.
According to the prosecution, the accused took the child to his house, made her sit on his lap, and sexually assaulted her. The child's mother discovered the assault the next morning when the victim complained of pain and bleeding. 'The victim told her mother that the accused threatened to beat her and her parents if she disclosed the incident,' the court noted in its judgment.
A doctor from CSM Hospital, Kalwa, who examined the victim, found multiple injuries including inflammation, redness, and tears on the victim's private parts, confirming sexual assault.
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The court observed that the medical evidence strongly corroborated the victim's testimony and her mother's complaint.
The accused's defence counsel argued that the prosecution failed to prove the case beyond reasonable doubt, claiming the accused was falsely implicated due to previous disputes with the victim's family. The defence also pointed to minor discrepancies in witness testimonies. However, Judge Bhagwat dismissed these arguments, stating that 'minor discrepancies cannot be termed fatal in POCSO cases, considering the victim's tender age of less than seven years when she testified.
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(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
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