Pune Court Delivers Justice: 77-Year-Old Watchman Sentenced for Child Sexual Assault
In a significant ruling, the court of additional sessions judge (POCSO Act) SS Saste in Pune has convicted and sentenced a 77-year-old watchman to five years of rigorous imprisonment for committing an aggravated sexual assault on an eight-year-old girl. The distressing incident took place on March 6, 2024, within the premises of a housing society located along the Katraj Kondhwa Road.
Details of the Crime and Legal Proceedings
The convict, who was 75 years old at the time of the offense, will receive credit for the time he has already spent in jail since his arrest on March 7, 2024, up until the judgment was pronounced. Consequently, he is required to serve an additional three years in prison. The prosecution presented a compelling case outlining the events of that fateful day.
According to the evidence, around 1:30 PM on March 6, 2024, the young victim was waiting for her school van inside her housing society. The accused, taking advantage of the situation, called her over to a bench in the society's garden area. There, he inappropriately touched her, committing an act of aggravated sexual assault. Fortunately, the girl managed to free herself when her school van arrived to pick her up.
Upon returning from school that evening, the child bravely narrated the traumatic incident to her parents. Acting swiftly, her father lodged a formal complaint the following morning with the Bharti Vidyapeeth police station, leading to the immediate arrest of the watchman.
Charges and Court's Verdict
The police charged the accused under multiple sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. Specifically, the charges included:
- Sections 354 and 354-A of the IPC for outraging modesty and sexual harassment.
- Sections 7 and 8 of the POCSO Act for sexual assault.
- Sections 9(m) and 10 of the POCSO Act for aggravated sexual assault.
- Sections 11 and 12 of the POCSO Act for sexual harassment.
The court found the accused guilty on all counts. However, in sentencing, the court opted to impose punishment under Section 9(m) read with Section 10 of the POCSO Act, noting that under Section 42 of the Act, separate sentences were unnecessary. The judgment heavily relied on the survivor's testimony, which the court found credible and consistent.
Court's Reasoning and Prosecutor's Statement
In its detailed observation, the court emphasized the reliability of the victim's evidence. "There are no major contradictions or omissions in the evidence of the victim and the complainant. In cross-examination, nothing material has come to disbelieve their evidence. There is nothing on record to prove that the victim was tutored by her father to testify against the accused," the court stated.
It further added, "Minor contradictions in the evidence of the victim and informant are not sufficient to infer tutoring or false implication. Moreover, family members, particularly parents, would not falsely implicate anyone by jeopardizing the character, career, and future of their young daughter. The victim has absolutely no reason to falsely implicate the accused."
Special public prosecutor NP Konghe provided additional insights, explaining, "The court relied on documentary evidence to confirm that the victim was below 12 years of age at the time of the offense, which triggered the aggravated provisions under the POCSO Act. Considering the advanced age of the accused and the possibility of him suffering from age-related ailments, the court imposed the minimum punishment prescribed by law." Additionally, the accused was fined Rs 10,000, with Rs 7,000 designated as compensation to be paid to the victim.
This case underscores the judiciary's commitment to protecting children and delivering justice, even when the accused is elderly, ensuring that the severity of the crime is met with appropriate legal consequences.
