Thane, Jun 22 A special court in Navi Mumbai has convicted a man for sexually assaulting an 11-year-old girl in 2021 and sentenced him to 20 years of rigorous imprisonment, noting that the testimonies of the victim and witnesses are fully credible.
Additional Sessions Judge, Belapur court, Prasanna Chandgude, convicted the accused, identified as Anil Agare, under relevant sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. The court also imposed a fine of Rs 3,000.
The order was passed on June 20.
The prosecution examined ten witnesses, including the survivor and her mother, during the trial, said special public prosecutor Sandhya Mhatre.
According to the prosecution, the accused lured the girl when she was playing outside her house under the pretext of playing a game on November 23, 2021.
She was rescued by an alert neighbour who heard her cries, leading to the registration of an FIR at the Turbhe police station.
Rejecting the defence's argument that the accused was falsely implicated due to a property dispute, the court found the testimonies of the victim and witnesses fully credible.
The judge stated that the victim had deposed that the accused had inserted his finger in her private part. "Thus, the prosecution has proved the initial part of the offence, and therefore the presumption under section 29 is in favour of the prosecution."
Addressing the defence's contention regarding the lack of severe physical injuries, the judge observed that though there is no injury besides some scratch marks, the prosecution has proved that the accused has committed an offence under section 376 (Punishment for rape) of the IPC and sections 4, 6, and 8 of the POCSO Act.
"As per section 42 of the POCSO Act, when an offender is found guilty of the offence u/s.376 and at the same time under the provisions of the POCSO Act, he shall be liable to punishment under any of the Acts which is greater in degree."
"Considering this, instead of awarding life imprisonment, punishment of rigorous imprisonment not less than 20 years will suffice the purpose," the judge noted.
As per procedure, the District Legal Services Authority will initiate the process of financial compensation for the victim.
