Mumbai News: Special POCSO Court Sentences Coconut Seller To 20 Years Imprisonment For Sexually Assaulting Minor Girl; Accused Hid His Marriage From Victim

Mumbai: The special POCSO court has sentenced a 28-year-old coconut seller to twenty years of imprisonment for sexually assaulting a 14-year-old minor girl in 2019. The court noted that the man was already married but suppressed the fact from the victim. The accused seduced her to elope with him and subjected her to sexual assault.

The court while convicting the man said, “Victim was 14 years old at the time of incident. She innocently believed the words of the accused. Accused fraudulently took advantage of her innocence and committed sexual assault.”

Complaint Lodged By Victim’s Sister At Versova Police Station

The case against the man was lodged by the victim's sister with Versova police station claiming that on June 7, 2019, the victim had left the house at night. Even when the mother tried to call the girl her phone was switched off.

As the girl was not found anywhere, a missing complaint was lodged on July 7, 2019. Later the girl was traced by police and on the basis of the statement of the victim girl to his sister and police, a case of sexual assault was lodged on July 12, 2019.

Accused Kidnapped Girl And Took Her To Gujarat

The complainant claimed that the accused had kidnapped her 11 year old sister took her to his house and on the pretext of marriage raped her. Later he took her to his native place in Surat, Gujarat and kept her there. The police on the basis of the call data records arrested the accused on September 7, 2019.

Victim’s Statement Revealed Deceit And Confinement

The girl in her statement had claimed that the accused had lied to her and claimed to be unmarried. Further she claimed that the accused had taken her Gujarat where he kept her in a room.

She claimed that the accused would lock the door from outside whenever he used to go out and whenever she tried to knock at the door, no one came to help her.

Accused Claimed Consensual Relationship

The accused however in his defence claimed that, evidence of the medical officer shows that the victim was more than 18 years old at the time of incident. It was contended that the victim herself eloped with the accused and the relation between the two was consensual.

Court Determines Victim Was 14 Years Old During Incident

The court however, on the basis of medical examination for age determination, held that she was 14 years of age at the time of the incident.

The court noted that the tests for age determination were carried out four years after the incident in 2023. The medical experts had concluded that she was at the time when the tests were carried out was above the age of 18 but below the age of 19.

Hence the court said, “If we consider the medical evidence and calculated age of the victim coupled with the date of incident then it appears that the victim was 14-year-old, when the incident occurred.”

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Court Rejects Defence, Cites Suppression Of Marriage

The court while discarding the defence raised by the accused said that, “defence itself proved the fact that the accused is a married person. It means the accused though married person suppressed the said fact from the victim and committed sexual intercourse with her pretending that he is unmarried. As against this, multiple defenses raised by the accused are weak. The sole evidence of the victim transpired confidence. There is no reason to disbelieve the sole evidence of the victim.”

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