A man has been sentenced to 20 years of rigorous imprisonment for sexually assaulting a five-year-old girl in Mumbra in 2019. Judge G T Pawar relied on the child's testimony, noting that the defence had failed to establish that she was tutored. The court also imposed fines totalling Rs 6,000, ordered the amount to be paid to the victim.
A special Protection of Children from Sexual Offences (POCSO) court in Thane, Maharashtra has sentenced a man to 20 years of rigorous imprisonment for sexually assaulting a five-year-old girl in 2019. The court relied on the child's testimony, observing that the defence had failed to establish that she had been tutored. The accused, identified as Aakash Baburao Thorat, was convicted under Section 6 of the POCSO Act and Section 354A of the Indian Penal Code (IPC). Special court judge G T Pawar delivered the judgment on Tuesday.
Accused Lured Child To His House
According to the prosecution, the incident took place on the afternoon of December 1, 2019, in Mumbra, in Maharashtra's Thane district.
The five-year-old girl had gone to play at a neighbour's house in a chawl when Thorat, who lived in the same neighbourhood, allegedly lured her to his home. He played television for the child before sexually assaulting her, the prosecution told the court.
Related Articles
The frightened girl later returned home and told her mother what had happened. Her mother subsequently confronted the accused before approaching the police.
Following an investigation, the police filed a chargesheet against Thorat under the relevant provisions of the IPC and the POCSO Act.
Court Relies On Child's Testimony
During the trial, the prosecution examined three key witnesses, the victim, her mother and the investigating officer. Documentary evidence was also presented before the court.
In its judgment, the court said the girl's testimony was credible and that the defence had failed to undermine her account or produce evidence showing that she had been tutored.
The judge observed that the victim's evidence was of "sterling quality" and said it could be relied upon while deciding the case.
The court also addressed shortcomings in the investigation, including the preparation of a spot panchnama at the wrong location and the failure to send the child for a medical examination.
However, the judge held that these lapses were not fatal to the prosecution's case, noting that nothing had been recovered from the spot.
20-Year Jail Term, Fine And Compensation
The court sentenced Thorat to 20 years of rigorous imprisonment under Section 6 of the POCSO Act, which deals with aggravated penetrative sexual assault against a child. It also imposed a fine of Rs 5,000, with an additional three months of rigorous imprisonment in case of default.
He was separately sentenced to three years of rigorous imprisonment under Section 354A of the IPC, which deals with sexual harassment, and fined Rs 1,000.
The court directed that both prison sentences run concurrently. The accused will also receive a set-off for the period of detention he has already undergone.
The court ordered that the total fine of Rs 6,000 be paid to the victim. It also directed the District Legal Services Authority (DLSA), Thane, to award her additional compensation.
The verdict highlights the court's reliance on the child's testimony despite the investigative lapses noted during the proceedings.
(With inputs from agencies)
