Nagpur: Expressing deep anguish over the alarming rise in number of offences against children below 10 years, the Nagpur bench of Bombay high court strongly observed that such incidents “need to be dealt with the iron hand and deterrence”. Rejecting an appeal by a city-based accused, who allegedly molested an eight-year-old girl, the court clarified that “leniency can’t be shown against such culprits”.
“The petitioner is a married person, aged about 38 years. The survivor is only of eight years. When she hasn’t even attained puberty, still he targeted her to fulfil his lust. The court can’t turn a blind eye to what is happening around the society,” justice Vinay Deshpande tersely stated.
“Even before this court, many cases are brought where the survivor’s age is well below 10 years. Thus, it appears that in the society, there is a spurt in such type of offences. Therefore, these have to be dealt with iron hand and deterrence,” he said.
Pankaj Fule, a resident of Om Nagar, had challenged the special court’s verdict convicting him under Sections 8 and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The additional session judge, on June 22, 2016, also found him guilty under Sections 354, 354-A (2) of the IPC. Under the POCSO Act, he was awarded five years of rigorous imprisonment (RI) along with Rs10,000 fine, and for IPC offences, he was sentenced to two years of RI.
The incident took place on January 13, 2014, when the survivor was watching TV with her younger brother. The petitioner gained entry into the house on the pretext of charging his cell phone, when both parents were out for work. Fule stepped inside the house and started committing misdeeds.
When the girl started shouting loudly, her aunt, who was washing clothes nearby, barged into the house. She was shocked to see the petitioner pressing breasts and stomach of eight years-old, even as she was weeping and shouting loudly. She also noted that Fule’s zip was open. She instantly reacted and slapped him several times. In the meanwhile, neighbours also gathered after hearing commotion and caught hold of the petitioner. Her aunt then lodged a complaint against Fule at Sakkardara police station after which a charge sheet was filed.
After the special POCSO court here convicted him under relevant Acts, he challenged it in the
HC.
Justice Deshpande observed that the trial court had correctly evaluated evidence and has rightly convicted the petitioner. “The petitioner’s contention for showing leniency has no merit. On reappreciation of the entire case, I am of the view that the prosecution has successfully brought its case to home against the petitioner, warranting no interference. In my view, the sentence is just and proper,” the judge said before dismissing the appeal.
