A special court in Mumbai has convicted and sentenced a 37-year-old driver to three years of rigorous imprisonment for trespassing into a 17-year-old neighbour's home and molesting her a decade ago. The incident occurred on November 11, 2016, when the teenager was alone at home on the mezzanine floor. The accused, who lived in the same lane, entered the premises and molested her. However, the victim's pet dog attacked him and chased him away, preventing further harm.
Court's Observations
Special judge R J Pawar, while delivering the judgment on Thursday, remarked that the offence is undoubtedly serious as it affects the bodily integrity and psychological well-being of a minor. The judge noted that the act attributed to the accused was not a casual or accidental touch but a deliberate physical act directed towards a private part of the victim. Touching the breast without her consent is an affront to her dignity and modesty and amounts to the use of criminal force with intent to outrage her modesty.
Prosecution's Case
Special public prosecutor Geeta Sharma established that on the day of the incident, the accused trespassed into the premises. In her deposition, the girl provided detailed accounts of how her pet dog barked and attacked the accused after she was molested, forcing him to flee. She remained consistent in identifying the accused, who resided in the same lane.
Defence Arguments
The accused argued that the case was a result of false implication following a failed extortion attempt by the victim's father. However, the court found no evidence to support this claim and dismissed the defence's argument.
Judgment and Sentencing
In the judgment, the judge noted the reliability of the victim's deposition, stating that minor variations in her narration did not diminish the credibility of the core allegations. The judge imposed a fine of Rs 6,000 on the convict. While acknowledging mitigating factors such as the accused's lack of prior criminal record and his role as the sole breadwinner of his family, the judge remained firm on the need for accountability. The court also directed that the matter be referred to the District Legal Services Authority to provide compensation to the victim.
