8 years on, man gets 3-year RI for sexually assaulting minor girl in Thane

Thane, Nov 23 (PTI) A Thane court has sentenced a man to three years rigorous imprisonment for sexually assaulting a minor girl in 2017, noting that such offences must be dealt with sternly to send a clear message to society.

Additional Sessions Judge D S Deshmukh, in the judgment on Friday, convicted the 38-year-old man of various offences under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.

The judge, while announcing the sentence, took a "lenient view", considering the family background of the accused, as he prayed that he had no criminal antecedents and nobody was there to look after his family.

The incident occurred on October 24, 2017, when the victim, then aged 12, was alone in the lift of a residential complex in the Mira Road area of Maharashtra's Thane district.

The accused, who was a neighbour of the victim, entered the lift, closed the door, and sexually assaulted her, Special Public Prosecutor Sanjay Londhe told the court.

The victim's mother testified that the frightened child immediately informed her about the incident.

The prosecution's case rested primarily on the victim's testimony, which was corroborated by her mother's account.

Judge Deshmukh emphasised the reliability of a child victim's statement in sexual offence cases.

"In catena of judgments, it has been held that in sexual assault cases, the sole testimony of the victim would suffice to hold the accused guilty for commission of the offence when it inspires confidence. No corroboration is required," the court said.

The judge rejected the defence's attempt to discredit the victim for not immediately reporting the incident to the watchman, stating, "This act on the part of victim is but natural. Therefore, non-disclosure of the incident by the victim to the watchman does not make any difference." The victim's testimony alone "inspires confidence for the commission of the act by the accused," especially since the incident occurred when the accused found her alone in the lift "for fulfilment of his lust," the court said.

The judge concluded that the act of sexual assault "is to be viewed seriously and such offences are to be dealt with a stringent manner," and the punishment imposed is intended to "give a clear message to the society at large." The court also imposed a fine of Rs 5,000 on the accused and directed that it be paid to the victim as compensation. It further recommended the case to the District Legal Services Authority (DLSA), for the provision of additional compensation to the victim. PTI COR GK