Mumbai: A special court under the Protection of Children from Sexual Offences (POCSO) Act showed leniency to a 20-year-old while sentencing him to five years imprisonment for sexually assaulting a 10-year-old boy of his neighbourhood, considering that maybe due to lack of proper education and guidance he has committed the offence.
It stated in its judgment that the accused is 19-years-old and in the absence of his father, his mother is dependent on him. It said that it was privy to the poor condition of his mother when she attended the trial.
The accused had claimed during trial that his mother earned by begging and had also taken the defence that he was falsely implicated as the victim had pulled her saree and he had slapped the child.
Judge Bharti Kale said in her order while deciding the quantum of sentence that the victim was subjected to such acts at a tender age and that in the facts of the present case, a minimum sentence needs to be imposed. The offence of aggravated sexual assault under the POCSO Act is punishable by up to seven years jail. The court also considered while imposing a fine on the youth, that he was unable to engage an advocate and was provided one from the Legal Aid Services. Judge Kale said that considering his financial condition, she does not think he can pay much fine and imposed a fine of Rs. 10,000 on him. She said that the victim needs to be compensated for the physical and mental injuries suffered by him and directed that of the fine amount, Rs. 8,000 be paid to him as compensation.
As per the case lodged by the child’s mother at Deonar police station, the youth, with whom the child used to play, had called him to play hide and seek around 8 pm. The child had gone. Later, an acquaintance had come home and informed her that the youth was doing something with her son at his grandmother’s home. She rushed to find that the youth was being beaten by the public. When asked, her son narrated how the youth had sexually assaulted him.
