In a rare case of a woman getting convicted of rape under the Protection of Children from Sexual Offences Act (POCSO), a special court under the POCSO Act on Thursday sentenced an 81-year-old woman and her 87-year-old husband to 10 years of rigorous imprisonment for penetrating with their finger, a four-year-old child of their building in 2013.
Special POCSO judge Rekha N. Pandhare also imposed a fine of Rs 50,000 each on the elderly couple to be paid as compensation to the child. The duo were found guilty under Sec 6 of the POCSO Act for aggravated penetrative sexual assault.
Special Public Prosecutor Veena Shelar said that the prosecution produced medical evidence which showed a ruptured hymen and examined seven witnesses. The accused couple brought two witnesses in their support. The child was eight years old when she testified in court and was examined by Special Public Prosecutor Geeta Nayyar at the time.
In the incident that had taken place in Girgaon in 2013, the child had gone near the elderly couple when they had called out to her when she was passing by. As per her statement to the police, the old man whom she addressed as ‘Dada’ had picked her up and made her sit on a swing in their home. She tried to leave and he had slapped her. The woman, she called ‘Dadi’ had restrained her while her husband pulled down her pants and undergarment and penetrated her private part with his finger. The wife too penetrated her finger in the child’s private part. The child had tried to leave and the man had spat at her. She had struggled to escape and then they had let go of her. She had come home and revealed the incident to her mother and the complaint was lodged.