Mumbai: Highlighting the severe breach of trust, the victim’s young age, and the lasting trauma she endured, a special court convicted and sentenced a 47-year-old man to 20 years rigorous imprisonment for repeatedly sexually assaulting the 14-year-old daughter of a close family friend who considered him a brother in 2021. “It is also necessary to remember the aggravating circumstances that the accused committed criminal breach of trust of the informant and her husband and also of the victim. He took disadvantage of their faith and went to the extent of committing… sexual assault upon the victim though having knowledge that she is minor. The victim could not expose him because of the faith of her parents and also because of the threats he gave to her,” special judge SN Sachdeo said. The incidents occurred between June 2021 and Aug 2021. The FIR was registered on Nov 5, 2021. The victim, initially frightened and unable to speak about the abuse, eventually confided in her parents. She described how the man would send her younger brothers away and then force himself upon her, threatening her and her family if she disclosed the incidents. The victim experienced significant physical and psychological distress, including frequent fevers, nightmares, and fear.The defence argued that the accused was falsely implicated due to a financial dispute, claiming he had lent a significant amount of money to the victim’s family, which they failed to repay. They also questioned the age of the victim and the inconsistencies in the evidence presented.However, the judge found the prosecution’s evidence to be credible and convincing. The birth certificate of the victim confirmed she was under 16 at the time of the offences. The court also addressed the concerns about the paternity of the victim and the production of death certificates for the biological parents, ruling that these points are not fatal to the prosecution’s case.The judge noted that the victim’s deposition, corroborated by her parents and medical examination findings, was reliable. The judge noted that the accused failed to provide substantial evidence to support his defense of false implication, making his claims unbelievable in light of the prosecution’s evidence.The judge also directed the District Legal Services Authority (DLSA) to determine appropriate compensation for the victim. “It cannot be ignored that the victim might have suffered considerable pain and trauma when the offence were being committed upon her. The mere fact that she did not raise hue and cry immediately, cannot automatically lead to the conclusion that she will not need rehabilitation,” the judge said. The accused has been in custody from Nov 5, 2021.
