Thane POCSO Court Delivers 20-Year Sentence in Minor Sexual Assault Case
A special court in Thane has handed down a significant verdict in a disturbing case of sexual exploitation, sentencing a 23-year-old delivery executive to 20 years of rigorous imprisonment for repeatedly sexually assaulting a 17-year-old girl. The court firmly rejected the defence's plea of a consensual relationship, emphasizing the victim's minor status at the time of the incidents.
Court Rejects Consent Argument Based on Victim's Age
Special Judge Ruby U Malvankar convicted the accused, a resident of Bhayandar East, under Section 376(2)(n) of the Indian Penal Code for repeated rape and Sections 5 and 6 of the POCSO Act for aggravated penetrative sexual assault. The defence had argued that the relationship was entirely consensual and that the couple had lived together briefly at Rey Road, portraying it as a romantic involvement between consenting individuals.
However, Judge Malvankar's detailed order stated unequivocally: "Admittedly, it is proved by the prosecution beyond reasonable doubt that, as on the date of commission of offence, the victim was minor. It is settled law that a minor is incompetent to enter into any kind of contract and is incapable of giving consent. Hence, in law, consent of a minor is no consent."
Pattern of Exploitation Under False Marriage Promise
According to the prosecution's case, the accused befriended the victim under the pretext of marriage, taking advantage of her vulnerability and trust. The assaults began in October 2021 when he visited her home while her grandmother was at work and sexually assaulted her despite her resistance. The prosecution established that the assaults continued repeatedly with the promise of marriage as leverage.
The case came to light when the victim's mother grew concerned after she missed her periods and took her to a doctor in Worli. A medical examination revealed a three-month pregnancy, shocking the family. The victim subsequently delivered a baby boy on August 15, 2023, bringing the tragic sequence of events to its conclusion.
Prosecution Builds Strong Case with Witness Testimony
The prosecution, represented by special public prosecutors Adv AB Patil-Bhamre and Adv Rekha Hiwarale, presented three witnesses before the court to substantiate the charges and establish the accused's guilt beyond reasonable doubt. The court noted in its order: "The special court shall presume that such person committed the offence unless the contrary is proved… the accused did not produce any material on record to show that he did not possess that mental state at the relevant time."
The victim had filed an FIR at Navghar (Bhayandar) police station on January 30, 2022, detailing the pattern of exploitation that began with false promises of marriage.
Court Unmoved by Leniency Plea, Imposes Additional Penalties
During sentencing, the accused, employed as a delivery boy with a food delivery platform, pleaded for leniency citing his young age and family responsibilities. The court remained unmoved by these appeals, emphasizing the gravity of the crime committed against a child victim who had placed her trust in him.
In addition to the 20-year rigorous imprisonment under Section 6 of the POCSO Act, Judge Malvankar imposed a fine of Rs 2,000 to be paid directly to the victim as immediate compensation. The court specified that in case of default in payment of the fine, an additional one year of rigorous imprisonment would be imposed on the convict.
Recommendation for Further Victim Compensation
The case has been recommended to the District Legal Services Authority (DLSA), Thane, for considering further compensation to the victim under the Manodhairya Scheme. This state government initiative provides support to victims of sexual crimes, acknowledging the long-term impact such trauma can have on survivors.
This verdict underscores the judicial system's commitment to protecting minors from sexual exploitation and sends a strong message about the serious consequences of such crimes, particularly when committed under false pretenses that exploit the victim's trust and vulnerability.
