Mumbai: A special POCSO court sentenced a 51-year-old man to life imprisonment for the remainder of his natural life for repeatedly raping a 7-year-old girl in his neighbourhood in 2015. The court observed that whenever such offences are proved, the accused must be dealt with a heavy hand. Only in this way can a message be sent to the public at large that such incidents, even if shockingly occurring repeatedly, will be awarded a punishment proportionate to the gravity and magnitude of the offences.
The situation came to light when the child, during a walk, gestured that she would slap the accused, prompting her mother to realise something was wrong. The child reacted after the accused asked her to come towards him. After the child confided in her, the mother and a social worker reported the abuse to the police.
The judge stated that a copy of this judgment should be sent to the District Legal Services Authority (DSLA), Mumbai, for determining and awarding appropriate compensation to the victim. “It is not difficult to imagine the pain and trauma the victim would have undergone when the offences were being committed. The mere fact that she showed herself to be a child with a resilient nature cannot automatically lead to the conclusion that she will not need rehabilitation. This is all the more so, as the said victim belongs to the poor strata of society,” Special Judge SJ Ansari said.
The accused raised the defence that the parents of the victim falsely implicated him due to a dispute between them over water, drying clothes, and money. The judge, however, refuted the defence and said there was no evidence to support these claims.
The prosecution’s case was that on Aug 16, 2015, at approximately 7.45 pm, the girl was walking with her mother when the accused, a neighbour, gestured for her to approach him. The girl responded by gesturing as if to slap him. When her mother asked why, she disclosed that over the past month, the accused repeatedly assaulted her in his nearby room. She stated he physically abused her and raped her on seven occasions, threatening her to remain silent. The most recent incident occurred around 10.30pm on Aug 15, 2015. The girl also said that the accused beat her to prevent her from telling anyone. Alarmed, the mother took the girl home and informed her husband. He then contacted a woman who ran an NGO. Subsequently, the parents called the police, who arrived at their home, and the accused was arrested. He was later granted bail but re arrested after he was absconding.