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Crime, law and justice
Thane POCSO court convicts man for assaulting minor on public road
A Thane POCSO court convicted a 20-year-old man for sexually assaulting a 16-year-old girl on a public road. The judge said her clear testimony and in-court identification outweighed the absence of a test identification parade.
A special POCSO court in Thane has convicted a 20-year-old man for sexually assaulting a 16-year-old girl on a public road and outraging her modesty, holding that the minor's testimony was clear and cogent. The court said the girl had sufficient opportunity to identify the accused and rejected the defence argument over the absence of a Test Identification Parade.
Special Judge Premal Vithalani sentenced the accused, Sainath alias Kalu Suresh Waghe, to three years of rigorous imprisonment and imposed a fine of Rs 3,000 for sexual assault under Section 7 of the Protection of Children from Sexual Offences Act, punishable under Section 8. The court also gave him one month of simple imprisonment and fined him Rs 500 for wrongful restraint under Section 341 of the Indian Penal Code. Both sentences will run concurrently. Rejecting a plea to release him on probation of good conduct, the court said his actions created fear and insecurity in the mind of the child and affected her dignity.
The prosecution case related to an incident on February 17, 2019, when the girl was walking to her cousin's house in Thane. According to the prosecution, the accused, who was riding a scooter, first obstructed her path. About half an hour later, when she was returning home, he intercepted her again, held her hand, came physically close to her and abused her verbally. When the girl cried out for help, two persons intervened and the accused fled, the prosecution said. Special Public Prosecutor Rekha Hiwrale appeared for the prosecution.
On the issue of identification, the court said dock identification in open court remained valid substantive evidence. "The victim has specifically deposed regarding the incident which occurred on a public road and in broad daylight. The accused held her hand and came physically close to her. Therefore, the victim had sufficient opportunity and time to see and observe the features of the accused from close quarters. The act itself involves physical proximity. In such cases, memory remains etched and Test Identification Parade loses much of its significance," the court noted.
Assessing the girl's evidence, Judge Vithalani said, "The version of the victim is clear and cogent. A 16-year-old girl studying in 11th standard would not falsely implicate the accused at the cost of her own honour and reputation, inviting a stigma and public glare." The court said the evidence on record proved the offence of outraging modesty punishable under Section 354 of the IPC and the offence of sexual assault defined under Section 7 of the POCSO Act. It, however, acquitted the accused of the charge under Section 504 of the IPC and Section 12 of the POCSO Act, noting that physical contact had been established and that this merged the offence into sexual assault under Section 8 rather than standalone sexual harassment.
While refusing probation, the court underlined the seriousness of the acts. "So far as aggravating factors are concerned, the accused dared to commit the offence on a public road. He obstructed a girl aged 16 years who was proceeding by walk and then by holding her hand, came physically close to her. Such acts of the accused create fear and insecurity in the mind of a child and affect her dignity," it observed. The case ended with the court convicting the accused for sexual assault and wrongful restraint and sentencing him to jail terms that will run at the same time.