In the order passed on Tuesday, special court judge, hearing cases pertaining to the Protection of Children from Sexual Offences (POCSO) Act, convicted the 52-year-old man and sentenced him to the period of imprisonment: seven years and two months, which he has already served
The case was registered on August 4, 2018 at Kapurbawadi Police Station in Thane. The crime had taken place between April 29 and May 6 that year .Representational pic
A court in Thane district has convicted a 52-year-old man for sexually assaulting a girl in 2018, while acquitting him on the charge of rape citing lack of evidence, reported news agency PTI.
In the order passed on Tuesday, special court judge DS Deshmukh, hearing cases pertaining to the Protection of Children from Sexual Offences (POCSO) Act, convicted Rameshsingh Vijaybahadur Singh and sentenced him to the period of imprisonment: seven years and two months, which he has already served.
The court also fined him Rs 1,000.
However, Singh was acquitted of the more severe charges of rape under section 376 of the Indian Penal Code (IPC), and sections 3 and 4 (penetrative sexual assault) of the POCSO Act, reported PTI.
The case was registered on August 4, 2018 at Kapurbawadi Police Station in Thane. The crime had taken place between April 29 and May 6 that year.
Special public prosecutor Rekha Hivarale argued that Singh committed penetrative sexual assault on the eight-year-old girl in a public toilet. The child’s father filed the complaint after his brother allegedly witnessed the accused attempting to sexually assault the child, and the girl herself disclosed multiple instances of penetrative sexual assault.
During the investigation, police seized clothes, collected the survivor’s birth certificate, recorded statements and conducted medical examination of both the girl and Singh. The Forensic Science Laboratory (FSL) reports were also collected.
The defence, led by advocate Sanjay Gaikwad, argued that the girl’s sole testimony was inconsistent and insufficient, and pointed out discrepancies between her statements to the police and the magistrate, reported PTI.
They also highlighted the absence of the eyewitness – the survivor's uncle – who allegedly saw the initial incident.
The defence argued that medical examination reports did not support penetrative sexual assault, and no independent evidence corroborated the girl’s testimony regarding the public toilet incident.
The court also said there was lack of physical evidence to support the allegation of penetrative sexual assault. It noted that the medical officer found no injuries on the girl's private part.
While the medical examination of the accused showed abrasion injuries –attributed to an assault or scratching – the medical opinion only stated his capability to commit penetrative sexual assault, not that he had.
The judge highlighted that in her history given to the prosecution witness, the girl did not explicitly state penetrative sexual assault, only said that the accused "touched her private part in the public toilet seven to eight times". The medical examination similarly found no external injuries or injuries on her genital part.
The court then concluded that charges under section 376 of IPC and Sections 3 and 4 of the POCSO Act were not applicable.
It said, "However, the evidence on record clearly shows that the victim has been sexually assaulted by the accused."
Considering the age of the accused, his family's dependence and the more than seven years he has already spent in jail since his arrest on May 6, 2018, the court sentenced Singh to the period already served.
The judge has recommended the case to the District Legal Services Authority (DLSA), Thane, for awarding compensation to the girl as per the Bharatiya Nagarik Suraksha Sanhita (BNSS).
(With PTI inputs)
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