Mumbai: The special POCSO court has sentenced a 40-year-old tailor to ten years of imprisonment for sexually assaulting 9 years old boy from his neighbourhood from Malad in 2018. The court while accepting the testimony of the boy observed, "mere fact that nobody came to the help of victim boy does not mean that the evidence of the victim boy is not reliable.
As per the prosecution case, the complainant, mother of the nine year old boy was staying at her maternal house. She was going at workshop of imitation jewelry to earn her living. The accused used come at a closeby tea stall and that's how she met him.
The prosecution said that accused used to come home and hence family also knew him. On May 19, 2018, the accused was playing near Sai Baba Temple, accused said to him that he will give Rs 20 to him and forcibly took the victim boy to his house.
The prosecution said that at that time accused sexually assaulted him and also shouted at him and slapped him. He threatened him to not reveal anything to anyone. However, he told this to his aunt - sister of her mother. The aunt later informed her mother. After due discussions at home, the mother approached Kurar police station and case was registered on the next day and accused was arrested.
The public prosecutor had examined 10 witnesses including the victim and his mother. The boy told the court that when accused took him, he was playing with his friends and the accused took him forcibly by holding his hand. The boy said he resisted and was also shouting at accused to not take him.
Defence Questions Victim's Testimony
The defence lawyer raised questions of victim’s testimony contending that, there is small lane, there are houses to both sides persons were going to public toilet. Under such circumstances, according to the defence lawyer, the incident is doubtful.
The court however noted that, since last one month prior to the incident he knows the accused. He was chatting with the accused. The accused was giving money to him, previously also he went to the house of the accused. Under such circumstances, persons of the lane would have seen the victim going to the house of accused previously and they would know that the accused and victim knows each other. Therefore, possibility that no one came to the help of victim boy though he was shouting.
Court Rejects Defence Lawyer's Arguments
"Generally in the morning all the persons would be hurry in doing their work. Persons going to the public toilet would also did not interfere. Human tendency is that generally nobody would interfere in each others life. Therefore, mere fact that nobody came to the help of victim boy does not mean that the evidence of the victim boy is not reliable," the court said.
The defence also claimed that complainant- mother of the victim was in relationship with the accused and was demanding to transfer one room on her name, failing which, the accused has been falsely implicated.
The court noted that, the mother has denied all the allegations and observed that "It has brought on record that the complainant along with her son is residing in the house of her mother therefore, she has the room to reside with her children. Under such circumstances, it is difficult to believe that she was demanding one room from the accused. Therefore, defence does not appears to me probable and there is nothing substantiate the defence."
