Mumbai:  Madrasa teacher gets 6-year-jail for sexual assault on 8-year-old student

A 27-year-old teacher at a Madrasa was on Thursday sentenced by a special court designated under the Protection of Children from Sexual Offences (POCSO) Act for sexually assaulting an eight-year-old child, his student, in October 2018.

Special Judge MA Baraliya said in her judgment while deciding the quantum of his sentence, that the accused had repeatedly fondled the victim's private part by inserting his hand into her leggings. It also noted that he had done all those acts at a madrasa which is a holy place and that the prosecutrix who was hardly eight-years-old at the time, had to endure such sexual assault. At the same time, it also considered that the accused is young and unmarried and there is possibility of reform.

The advocate of the accused had sought a minimum sentence for him. The court said considering the nature of crime committed by him on a girl of tender age, imposing minimum sentence would not do justice.

The incident had come to light when the child’s uncle had noticed behavioural changes in the child and asked her about it. The child had then confided in him.

The court also imposed a fine of Rs. 20,000 on Nasir Shaikh. The amount is to be paid to the victim as compensation.

The uncle, who is the complainant in the case, had alleged in a further statement to the police as well as before the court that the teacher had also tried to penetrate the private part of his niece with his finger. The victim had also stated this in her further statement to the police later. The court relied on her testimony before it that she had not stated about a penetration attempt. The court also considered that no injuries were found on medical examination of her genital area and held that the charge of penetration is not proved by the prosecution.

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