Thane, Sep 16 (PTI) A special POCSO court in Thane city on Wednesday convicted a 20-year-old man for sexually assaulting a 16-year-old girl on a road and outraging her modesty, and sentenced him to three years of rigorous imprisonment (RI), finding her testimony clear and cogent.
Rejecting the plea to release the accused on probation of good conduct, the court noted his acts created fear and insecurity in the mind of the minor and affected her dignity.
Special Judge Premal Vithalani sentenced the accused, Sainath alias Kalu Suresh Waghe (then aged 20), to three years of RI and imposed a fine of Rs 3,000 for the offence under Section 7 (sexual assault) punishable under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act.
The court also handed one month of simple imprisonment to the accused in the 2019 case and slapped a fine of Rs 500 fine for wrongful restraint under Section 341 of the Indian Penal Code (IPC). Both sentences will run concurrently.
The court, however, acquitted the accused of charges under Section 504 (intentional insult) of the IPC and Section 12 of the POCSO Act (sexual harassment), noting physical contact was established, which merges the offence into sexual assault under Section 8 rather than standalone harassment.
Special Public Prosecutor Rekha Hiwrale presented the case before the court.
The prosecution case stemmed from an incident on February 17, 2019, in Thane city when the 16-year-old girl was walking to her cousin’s house when the accused, riding a scooter, obstructed her path.
Half an hour later, as she returned home, the accused intercepted the minor again, caught her hand, got physically close, and verbally abused the girl. When the victim cried out for help, two individuals intervened, prompting the accused to flee the scene, according to the prosecution.
Addressing the defence’s argument regarding the absence of a Test Identification Parade (TIP), Judge Vithalani emphasized that dock identification in open court remains 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.
Evaluating the credibility of the minor’s account, the Judge noted, “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.” Thus, available evidence on record would prove the offence of outraging modesty punishable under Section 354 of IPC and the offence of sexual assault defined under Section 7 of the POCSO Act, said the court.
Rejecting the plea to release the accused on probation of good conduct, the court highlighted the severity of harassment.
“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. PTI COR RSY
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