The special Prevention of Children Against Sexual Offences Act (POCSOA) court in Thane has convicted a 42-year-old Bhayandar-based man, Vipul Kanubhai Shah, for sexually molesting a girl in 2019. The accused, who was the tuition teacher’s husband, was sentenced to one year of rigorous imprisonment for molestation and three years of rigorous imprisonment under the stringent POCSOA charges.
The Court's Reasoning on Sentencing
“Undoubtedly, the offence committed by the accused, directed against the child victim who attended tuition classes at his residence, is a serious and sensitive matter," the court observed. "A child who experiences such a heinous act during their formative years undergoes psychological trauma that can last for years and profoundly affects them. Therefore, such incidents, when reported and proven, must be dealt with sensitively and with circumspection."
Special POCSOA judge R. U. Malvankar added, “At the same time, taking into consideration the mitigating factors that the accused is a family man and has responsibilities, particularly when the offence is not punishable with death or life imprisonment a minimum punishment along with a fine can be imposed to meet the ends of justice.”
Details of the Offense
As per the prosecution's case, the victim and her younger sister attended tuition classes at the accused's residence in the same society. The classes were conducted by the accused's wife from 4:00 p.m. to 6:00 p.m.
According to the complaint, on December 14, 2019, the victim's mother had gone to deliver ordered goods and returned at about 10:00 p.m. Her younger daughter then informed her about an incident that day. She recounted that as the victim was going for classes and climbing the staircase, in the passage between the two staircases, she saw the accused coming downstairs. She stood aside to give him space, at which point the accused forcibly approached her and touched her inappropriately. The victim’s mother then inquired with the victim, who corroborated the account.
Defence Rejected by the Court
In his defence, the accused claimed the victim suffered from anxiety, for which she had consulted a physician at Bhakti Vedant Hospital. He further alleged that the victim had failed her exams and therefore was not in a position to understand the nature of the touch, asserting that he had not touched her purposely and that any contact could have been accidental.
The court, after hearing the arguments, maintained “The fact that she was dull in her studies nowhere casts doubt on her cognitive ability to understand what was happening around her or her ability to distinguish between good and bad touch. It appears that the victim was very confident when she raised her grievance regarding the act committed by the accused, and she similarly testified about the incident in court as well as before the learned Magistrate... Therefore, merely because she was dull in her studies, her overall evidence regarding the alleged incident cannot be questioned, debated, or discarded when it otherwise inspires the court's confidence in the correctness of her testimony."
The court also noted that the victim's delay in disclosure was a natural reaction. "Also, the fact that she did not disclose the incident immediately to her tuition teacher, as she was in a distraught mindset, should not be given undue weight. On the contrary, this appears to be a natural reaction for the victim."
Corroborative Evidence from Another Child
The complaint was also supported by evidence from another child residing in the same society as the victim. Her statement indicated that the accused used to stare at her, often glaring menacingly. When she disclosed this to her parents, they advised her to be careful of the accused.
“The act proved to have been committed by the accused, being an act with sexual intent involving physical contact, falls within the definition of sexual assault under Section 7 of the POCSO Act,” the court held in its final ruling.
