Mumbai Special Court Convicts Elderly Man for Child Sexual Assault
A special court in Mumbai has delivered a significant verdict, convicting and sentencing a 79-year-old man to three years of simple imprisonment for sexually assaulting a 10-year-old girl in 2019. The court emphasized that the child accompanied the accused because she trusted him as a grandfather figure, highlighting the breach of trust in this disturbing case.
Details of the Crime and Legal Proceedings
The incident occurred on June 13, 2019, during the victim's school vacation. The child was playing near a temple when the accused, a neighbor, lured her into his residence under the false pretext of offering her wafers and a cold drink. Once inside, he pushed the door shut and kissed the girl on her lips. The child immediately fled home and informed her mother, a flower seller, who confronted the accused with local residents before alerting the police.
During the trial, the defense argued that the accused had been falsely implicated, presenting CCTV footage from his house—provided by his daughter-in-law—which they claimed showed no such incident. However, Special Judge S V Sahare found the oral testimony of the child to be "heavily reliable" and noted that the absence of footage did not disprove the crime, suggesting potential tampering before the device was handed over to investigators.
Court's Observations and Legal Clarifications
Judge Sahare clarified the legal requirements for conviction under the Protection of Children from Sexual Offences (Pocso) Act, stating, "Touch with sexual intent is necessarily proved by the prosecution. The offence under the said section also covers physical contact with the child." The court observed that the accused specifically targeted a minor girl while other children were playing nearby, indicating clear sexual intent.
While convicting the accused for sexual assault under the Pocso Act, the court acquitted him of the charge of outraging modesty under the Indian Penal Code. The judge reasoned that the specific elements of criminal force required for that section were not distinct from the sexual assault already established.
Sentencing and Compensation
In determining the sentence, the court considered the accused's advanced age—he was about 74 years old at the time of filing the charge sheet. The judge observed, "Considering his advanced age, the court deems it appropriate to award simple imprisonment instead of rigorous imprisonment." The three-year prison term was accompanied by a fine of Rs 5,000, with Rs 3,000 of that amount directed to be paid to the child as compensation.
This case underscores the judiciary's commitment to protecting children from sexual offenses, even when perpetrators exploit positions of trust within communities. The verdict sends a strong message about accountability, regardless of age, while balancing legal principles with humanitarian considerations in sentencing.
