Thane, Feb 7 A special court in Thane district has convicted a 29-year-old man for kidnapping and sexually assaulting a minor girl in 2022 and handed him three years of rigorous imprisonment, relying on the testimony of the victim and highlighting the "intent" to commit a serious sexual act.
However, he was acquitted of more severe rape charges due to a lack of medical findings.
The court also imposed a Rs 500 penalty, prescribing a simple imprisonment of six months in case of default.
The accused, identified as Imran Munnu Shaikh, had kidnapped the then 8-year-old girl while she was playing in the Fandolenagar area of Bhiwandi on April 21, 2022. The girl was rescued by locals after she raised an alarm.
Shaikh was charged under various sections of the now-repealed Indian Penal Code, including Section 376-AB (rape of a child under 12), and the Protection of Children from Sexual Offences (POCSO) Act, the prosecution said.
In a detailed order of the February 3 judgement, which became available on Saturday, Judge N K Karande relied heavily on the "inspired confidence" of the minor's testimony. The order highlighted that a victim's evidence in sexual offences does not always require material corroboration.
"A prosecutrix of a sex offence cannot be put on par with an accomplice. She is, in fact, a victim of the crime. The Evidence Act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars," the order stated.
Addressing the lack of physical injuries, the judge noted that if a penetrative sexual assault was committed on the victim, then her hymen may be ruptured and injury may be sustained to the genital organ.
"So, it is clear that the penetrative sexual assault... is not proved; however, the accused had taken the victim from the playing place... and touched the vagina, these facts clearly indicate sexual intent."
The court found Shaikh guilty under Section 363 (Kidnapping) of IPC and Section 8 of the POCSO Act (sexual assault).
