Dahisar resident sentenced to 20 years in jail for raping 9-year-old | Mumbai news

MUMBAI: A special POCSO (Protection of Children from Sexual Offences Act, 2012) court has sentenced a 43-year-old Dahisar resident to 20 years of rigorous imprisonment for raping a nine-year-old girl from his neighbourhood in September 2019.

The incident occurred when the girl had gone to use a washroom made of metal sheets, and the accused entered the place and raped her. A neighbour saw the man roaming outside the washroom and informed the girl’s parents, who subsequently saw him running away from the spot. Upon enquiry, the girl told them that the man had raped her a month ago as well and had threatened her to not disclose it to anyone.

The Dahisar colony police subsequently registered a first information report based on a complaint by the girl’s parents, and arrested the accused.

Additional public prosecutor Geeta Malankar sought the accused’s conviction, saying he was caught on the spot. The defence sought his acquittal, contending that no injury marks were found on the girl’s body and no cries were heard from the washroom though it was made of metal sheets.

After going through the evidence, the court observed that the prosecution had proved the foundational facts of the case.

“The suggestion put forth by defence, that she did not raise alarm while the accused was doing the act, is wisely answered by the victim that accused gagged her mouth by one hand and latched the door from other hand,” observed additional sessions judge Ashwini Lokhande in the order dated April 24.

The judge found the victim’s depositions reliable and trustworthy, and said her statement was more reliable than that of other witnesses. But the prosecution could not prove that the accused had committed a similar act a few weeks earlier, the judge observed and dropped the charge of repeated sexual assault against the accused.

“Considering all the aspects, I conclude that there are no circumstances to award the sentence of life imprisonment to the accused. Awarding the sentence of rigorous imprisonment of twenty years with fine envisaged in section 5(m) read with section 6 of the POCSO Act would be just and proper,” the court held.