A special Pocso court in Mumbai on Friday convicted and sentenced a 35-year-old man to 20 years of rigorous imprisonment for the sexual assault of an 11-year-old boy during a festival in 2021.
Court Verdict and Evidence
Delivering the verdict, Special Judge Nitin D. Khose stated that the prosecution had proven beyond a reasonable doubt that the accused committed penetrative sexual assault on the victim. However, the court noted that the prosecution failed to prove that the assault occurred more than once or repeatedly. The judge emphasized that the child's consistent testimony and medical evidence, which confirmed sodomy, were key to the conviction.
Incident Details
According to the prosecution, on February 16, 2021, the victim was watching a dance performance at a religious function in his neighborhood when the accused grabbed his hand and forcibly took him to his nearby residence. The boy managed to escape and returned home in distress, narrating the ordeal to his mother, who immediately approached the police.
Defense Arguments Rejected
During the trial, the defense argued that the accused was falsely implicated and suggested that the injuries noted in the medical report could have resulted from a fall. However, the judge rejected these contentions, observing that the medical officer's findings were consistent with the victim's account of the assault. The judge noted that the child's testimony was reliable and supported by physical symptoms, including a superficial tear, recorded during an examination conducted within hours of the crime.
Minor Status Confirmed
The defense also claimed that the victim's age could not be accurately determined through an ossification test. However, the judge held that the combination of the boy's testimony and medical reports sufficiently proved he was a minor under the law. The accused, who has been in custody since February 2021, will receive a set-off for the time spent in jail.
