A court sentenced a man to 20 years' rigorous imprisonment for sexually assaulting 14-year-old boy in Vasai in 2020. The court rejected the defence argument that the crime was unlikely in a crowded neighbourhood, citing 'bystander apathy'. Forensic evidence and the victim’s testimony supported the prosecution case. Govari was also fined Rs 30,000.
A Palghar court in Maharashtra has sentenced a 41-year-old man to 20 years in prison for sexually assaulting a minor boy in Vasai in 2020. Special Judge A H Kashikar convicted Madhu Dharma Govari, a labourer from Vasai, under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The court also imposed a fine of Rs 30,000 on Govari and directed that the amount be given to the victim for rehabilitation. The District Legal Services Authority (DLSA), Thane, was also asked to provide further compensation to the victim according to the rules.
Boy was lured to terrace
According to the prosecution, the victim was 14 when the incident took place on December 12, 2020. He was feeding pigeons near his home when Govari, who was his neighbour, allegedly called him to the terrace on the pretext of showing him young pigeons.
Once on the terrace, Govari gagged the boy, dragged him into a room, tied his hands and sexually assaulted him, according to the prosecution.
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The boy later managed to escape. The prosecution said Govari threatened him and offered him money to remain silent. Despite this, the boy told his maternal aunt about the incident, following which an FIR was registered on the same day.
Court rejects crowded locality argument
During the trial, the defence argued that the alleged assault was unlikely to have happened in a densely populated neighbourhood where other people could have been present.
The court rejected the argument, observing that the presence of other people does not necessarily mean they would intervene. It referred to “bystander apathy” and said it could not be used to discredit the victim’s testimony.
The court also found that evidence placed both the accused and the boy together on the terrace. It noted that Govari's claim of having an alibi was inconsistent with his own defence.
Forensic evidence backs victim's account
The court said the victim's account was supported by forensic and circumstantial evidence. Semen stains found on the boy's clothing were linked to Govari, which the court treated as conclusive evidence of the sexual assault.
The judge also noted that the boy's consent was legally irrelevant because he was a minor.
The court said minor procedural delays or shortcomings in the investigation did not weaken the prosecution case because the victim's credible testimony had been supported by other evidence.
It also rejected the suggestion that earlier disputes between the families necessarily meant the case was fabricated, observing that such hostility could also provide a motive for the offence.
Govari was sentenced to 20 years' rigorous imprisonment under the POCSO Act and 10 years under Section 377 of the IPC. The sentences will run concurrently.
(With inputs from agencies)
