The Bombay High Court, on Monday, upheld a five-year-long jail term for an office peon who had sexually assaulted a four-year-old girl. The court held the accused guilty even though the child had failed to identify the accused as the perpetrator of crime.
Justice A M Badar, while upholding the sentence handed down to accused Pradeep Yadav, said, "The victim at the time of the crime was a four-year-old. She entered the witness box after more than seven months from the day of the incident. Therefore, her inability to identify the accused as the person who had kidnapped and molested her will not cast a shadow of doubt on the case of the prosecution, if by other evidence, prosecution has established the identity of the accused."
According to the Santacruz Police, the victim was kidnapped and taken to the accused's office, where he molested her. The girl rushed out of the office and later, informed her parents, who went to the office and identified the accused. The mother of the victim had lodged a complaint on the basis of which the accused was arrested.
During the trial, the prosecution examined more than six witnesses to bring home the guilt of the accused. On the basis of such evidence the trial court convicted Yadav. This order of 2016 was challenged in the High Court. The accused claimed that it was a case of mistaken identity, he was being falsely charged.
The court after going through the evidence said, "The prosecution has successfully proven the offence punishable under the POCSO Act and the IPC and an appropriate sentence has been awarded by the trial court. Appeal stands dismissed."