The Special Court has convicted a man for sexually assaulting his 13-year-old niece in 2015, under the Protection of Children from Sexual Offences (POCSO) Act. The accused, the husband of the minor’s mother’s sister, kidnapped her & abused her to take revenge on the minor’s mother on suspicion that she provoked his wife against him.
“It is seen that the accused committed the offence due to anger as his wife left him based on the words of the minor’s mother. He wanted his wife to return back & was frustrated. The accused did not use maximum force on the minor & did not cause bleeding. The act of accused is condemnable, but he stopped himself before the worst act of deep penetration into her vagina. In these circumstances, I do not find it fit & proper to give a maximum punishment of life imprisonment,” said Special Judge Priti Kumar Ghule.
As per the prosecution case, on June 7, 2015, the accused had fought with his wife & had decided to leave his house. The prosecution alleged the accused, a vegetable vendor, was addicted to alcohol which was the reason for frequent quarrels between the couple.
After the incident, the man left the house & went to the minor’s house in Wadala between 5pm & 6pm. Meanwhile, the girl’s mother visited the accused’s house in Kurla. Assuming that the minor’s mother provoked his wife, the accused decided to take revenge, the prosecution alleged.
The accused allegedly told the girl to accompany her claiming her mother was unwell & had to be taken to hospital. The accused along with his friend, who died pending the trial, took her near a temple in Kurla & sexually assaulted her.
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The prosecution argued that the statements of witnesses, which included the minor’s neighbours who saw the accused taking the girl, the minor, her mother, as well as the medical report support the prosecution case. It was proved that the accused took the girl & sexually abused her. Considering the evidence, the Special Court held the accused guilty of sexual assault on the minor.
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