A special court on Tuesday sentenced a 33-year-old man for sexually assaulting his friend’s daughter two times in 2017 and leaving her pregnant. The man sentenced under the IPC for rape was not under the Protection of Children from Sexual Offences (POCSO) Act as it could not be proved that the victim was a minor at the time of the incident, though the prosecution claimed she was 15 years.
While sentencing the man, Special Judge Jayshri R. Pulate said that sexual abuse and sexual exploitation of women are heinous crimes and need to be effectively addressed. She said that considering the acts committed by the accused taking advantage of the absence of family members, the sentence would meet the ends of justice.
The court noted that the matriculation certificate of the victim was not available as she had studied only up to Class 4 and dropped out. The prosecution produced the original admission form of the child, but there was overwriting on the birth date. The entry of birth date was taken by the school on the basis of an affidavit of her father. The court said in this situation, it was necessary for the prosecution to examine the father. It thus held that the prosecution had not proved that the victim was minor during the incident.
The incident took place in March 2017. Appearing before the court, the victim said that the man who she addressed as ‘Chacha’ was given space to live on the third floor of their home by her father. He had forced himself on her by threatening her the first time and repeated the act similarly the second time. Both times she was alone at home. The incident had come to light when she suffered from stomach pain and the doctor opined that she was four-and-a-half months pregnant.
