Thane, Jul 23 (PTI) Holding the testimony of a minor boy trustworthy, a special court has convicted a man under provisions of the POCSO Act for sexual assault and sentenced him to rigorous imprisonment of five years.
Special Judge D S Deshmukh also imposed a Rs 5,000 fine on Ravikumar Rohidas, while acquitting him of the charges related to carnal intercourse against the order of nature (IPC section 377) and aggravated penetrative sexual assault (section 5-m punishable under section 6 of the POCSO Act). The fine amount will be paid to the victim as compensation.
The copy of the July 19 order became available on Wednesday.
Rohidas, then 24 years old, allegedly lured the boy, who was five years old, with chocolates to accompany him on May 13, 2022, the prosecution said.
The child returned home injured the next day, recounting that Rohidas took him to a creek, assaulted him with a stone on his cheek, threatened him, removed his clothes, and touched his private parts with sexual intent.
The special court examined seven witnesses.
“The sole testimony of the victim child would suffice to hold that accused with sexual intent did aggravated sexual assault on him,” the judge stated, relying on medical evidence that corroborated injuries on the victim’s face, including abrasions.
The judge emphasised that the sutures given to the child indicated a blow by a sharp object, and dismissed the defence’s argument that injuries could be from playing.
The court, however, acquitted Rohidas of charges of carnal intercourse and penetrative sexual assault.
“There is nothing on record to hold that the accused did carnal intercourse with the victim child. Also, it is not proved that he did aggravated penetrative sexual assault on the victim child,” the judge noted.
He dismissed the defence’s arguments that Rohidas was falsely implicated due to an old dispute between him and the family of the child.
“The accused’s claim of false implication due to a previous fight with the victim’s father was dismissed as improbable, given the child’s injuries”, the order stated.
Rohidas was convicted under the Protection of Children from Sexual Offences Act, 2012 and sections pertaining to kidnapping and voluntarily causing hurt of the Indian Penal Code, the prosecution said.
The court took a “lenient view considering the nature of the offence, submissions of the accused and his detention in jail.” PTI COR NSK
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