A special Protection of Children from Sexual Offences (Pocso) court in Bhuj has sentenced a 52-year-old man to 20 years of rigorous imprisonment for the aggravated sexual assault of a five-and-a-half-year-old boy in a village under Mundra taluka in Kutch district. The case underscores the persistent vulnerability of children to predators even in familiar surroundings.
Details of the Crime
The offence occurred on August 9, and a First Information Report (FIR) was registered the following day at Pragpar police station in the Kutch West jurisdiction. The accused, Baldevpuri alias Balu Gosai, was charged under Section 75(1)(A) of the Bharatiya Nyaya Sanhita and several sections of the Pocso Act, including Sections 3, 4, 4(2), 5(M), 6, 8, 11(6), 12, and 18.
Court Proceedings and Sentencing
Judge J A Thakkar sentenced Gosai to 20 years of rigorous imprisonment and imposed a fine of Rs 28,000. Additionally, the court directed that Rs 4 lakh be provided as financial assistance to the victim. The child’s statement was recorded before a magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita. Statements from 11 witnesses, including the child’s parents and the doctor who conducted the medical examination, were presented in court. Police also seized the clothes of both the accused and the victim as evidence.
Prosecution’s Case
The prosecution submitted that the boy was playing on the street around 12:30 pm on August 9 when the accused lured him to his house by offering Rs 5. The boy later disclosed the incident to his mother. The prosecution further stated that the boy had been sodomized twice, including a prior instance when he was taken behind a temple. The child knew the accused as “Balubawa.”
Investigation and Chargesheet
Investigating officer D D Simpi filed the chargesheet on September 15, and the court framed charges on the same day. The accused pleaded innocence and sought mercy, alleging a faulty investigation, false medical grounds, and claiming he was implicated due to a family feud. However, the court noted that no evidence of such enmity was presented.
Defense and Prosecution Arguments
Defense lawyer C C Gujarati argued that the accused came from a poor family, his wife was disabled, and he had dependent children, including an unmarried daughter. Citing the absence of any criminal antecedents, he urged the court to impose the minimum punishment. In response, special public prosecutor H B Jadeja argued that the prosecution had proven the offence beyond reasonable doubt. He highlighted the significant age gap between the victim, who was under six years old, and the accused, aged 52, and sought the maximum punishment. He also requested that the fine be awarded as compensation to the child.
Court’s Observations
In the order, the judge expressed concern over the rising number of crimes against children, creating an environment where young children no longer feel safe even while playing outside their homes. The court observed that such incidents deeply affect not only the victim’s mental health but also instill fear among parents and families.
