Court rules out rape, reduces quantum of sentence

Mumbai: A special Protection of Children from Sexual Offences (POCSO) court acquitted a man charged with rape of a minor, reduced the quantum of sentence for sexually assaulting a minor and convicted him for a lesser offence.

Special judge Milind V. Kurtadikar recorded, “No doubt, when the incident occurred he (accused) was just about 19 years and he has entire life ahead. However, at the same time, it cannot be ignored that this is an offence against society, and the offence against a child who is helpless or cannot defend herself. Therefore, while considering the seriousness of offence, his tender age and future life is also necessary to be considered. By keeping a balance of both factors, I am of the opinion that the sentence will meet the ends of justice.”

The court acquitted Vijay Ubidi of charges under the Act’s section 6 (punishment for aggravated penetrative sexual assault) which would have resulted in imprisonment of not less than 10 years and could extend to life imprisonment. It convicted him under section 10 (punishment for aggravated sexual assault) which would mean imprisonment of not less than five years, and may extend to seven years.

At the time of the offence, Ubidi was residing in a hutment on a footpath in Antop Hill. A hawker selling bangles lived nearby with son, aged seven, and daughter, aged nine. She was out all day on work, while the children attended school. On July 24, 2015, the hawker found the son crying when she returned home in the evening. He told her that when he returned home at noon, he heard his sister crying. Ubidi was in their home, and he was about to sexually assault the girl. The boy said Ubidi put on his clothes and even offered him ₹100 to not tell his mother.

The girl told her mother that Ubidi tried to rape her and broke her bangles when she resisted. Subsequently a FIR was registered and Ubidi was charged under IPC section 376 2 (commits rape on a woman when she is under sixteen years of age) and section 6 of the POCSO Act.

The court held that the prosecution has failed to prove that the girl was aged below 16, and quashed the rape charge. The court also said the prosecution has not proved charges under section 6, but has done so with a charge under section 10 and sentenced him to rigorous imprisonment for five years.