The court of special judge (Pocso) Mohan Chavan on Friday convicted and sentenced a 52-year-old labourer to rigorous imprisonment for five years for sexually assaulting an 11-year-old girl at her residence in Kondhwa in 2017.According to public prosecutor Arundhati S Brahme, the incident took place on Dec 15, 2017, in a housing society in Kondhwa, when the girl, a Std VI student, returned home from tuition and found the house locked. As she was opening the door after collecting the key, the accused, who lived nearby, entered the house and sexually assaulted her before leaving. The girl later informed her mother, following which a complaint was lodged at Kondhwa police station the following day.During the trial, the prosecution examined the survivor, her mother and the investigating officer. The defence argued that there was a delay of over 25 hours in lodging the FIR and claimed that it was a false implication due to a dispute with the landlord. However, the court rejected the contention, noting that the delay was satisfactorily explained, as the child was in fear and not in a position to report the incident immediately.The court found the testimonies of the girl and her mother consistent and reliable, and held that the prosecution had proved that the accused committed sexual assault on the child, who was below 12 years of age at the time of the incident.While sentencing the accused under sections 354 (attempt to outrage the modesty of a woman), 452 (house trespass), 342 (wrongful confinement) of the Indian Penal Code (IPC) and provision of the Pocso Act, the court noted that the offence was serious in nature and committed against a minor girl, observing that such crimes are increasing and require a strong response.It held that no case was made out for leniency, considering the gravity of the offence, its impact on the victim and the mandate of the law.The court also directed the accused to pay a fine of Rs 50,000, which is to be given to the victim as compensation after the appeal period.
