Navi Mumbai POCSO Case: Belapur Sessions Court Convicts Man For Assaulting Minor In Seawoods Mall, Sentences Him To 10-Year Jail Term

Thane, April 4: The Belapur Sessions Court has convicted a 29-year-old man for raping a 13-year-old mentally disabled girl at a mall in Navi Mumbai, sentencing him to 10 years of rigorous imprisonment under stringent provisions of the Protection of Children from Sexual Offences Act (POCSO).

The convict, Ashish Vinod Kanchan, was working at a shoe showroom in the Seawoods Grand Central Mall at the time of the offence in 2017. The court held him guilty of aggravated sexual assault and unnatural sexual offences against the child.

Court directs compensation review for victim

In addition to the sentence, the court directed that the matter be referred to the District Legal Services Authority to consider compensation for the victim and her family under the Victim Compensation Scheme, noting the severe mental trauma caused.

The case came to light only after the child disclosed the abuse during a classroom session on the human body and that she was touched in a bad manner by a man. Initially unaware of the nature of the assault, the minor informed her teacher about inappropriate touching, prompting the school to alert her mother.

Incident details and delayed reporting

According to the prosecution, the child’s mother had been running a shop at the mall since November 2017 and would often bring her daughter along. The accused, who worked at a nearby shoe store close to the washroom area, became acquainted with the child during her visits.

The girl later told her mother that in September 2017, the accused had taken her to a secluded area near the washroom under the pretext of showing her a new place.

He then sexually assaulted her and threatened to circulate her photos and videos if she disclosed the incident. Out of fear of being scolded, the child remained silent for months.

An FIR was registered in January 2018 after the disclosure, leading to Kanchan’s arrest and trial.

Court upholds victim testimony despite investigation lapses

While the defence argued that the investigation was flawed, pointing to the failure to collect CCTV footage from the mall premises, the court held that such lapses were not sufficient to discard the victim’s testimony.

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The court observed that in cases of sexual offences against minors, the testimony of the prosecutrix alone can be sufficient for conviction if it is found reliable. It noted that the child’s account was consistent, natural and confident to prove the charges against the accused.

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