MUMBAI: In a speedy trial that lasted less than a month and took only seven court dates despite impediments caused by the pandemic, a special Protection of Children from Sexual Offences (Pocso) Act court this week convicted and sentenced a 50-year-old unemployed man to three years’ rigorous imprisonment for flashing his private parts at his 13-year-old neighbour in October 2020. The accused was previously accused of molesting his daughter too, but was acquitted as she turned hostile in court.
While Pocso Act prescribes for a trial to be completed within a year, many remain pending for years.
Finding the accused guilty, special judge M A Baraliya said, “Though the accused in his statement has said he and his wife both had been to the market to buy a mobile (at the time of the alleged offence) but apparently he is making a false statement as there is no motive for the witnesses to make false allegations against him. The accused has failed to come with a strong defence why he came to be implicated falsely in the matter.”
The court, though, said considering his age, the nature and gravity of the offence and the six children he has to maintain, it would be justified if the minimum sentence of three years is imposed. The accused was also fined Rs 10,000 which, if recovered, will be given to the child as compensation.
Among the five witnesses who deposed in the trial that commenced on February 6 and ended with the judgment being pronounced on March 1 were the minor, her mother, a neighbour and the police.
The case of the prosecution was on October 11, 2020, around 3.15pm, when the child was playing with her friends, the accused, her neighbour, pulled down his shorts and showed his private parts. He also told the child to come home at night and offered to pay her Rs 100. The child then rushed home and told her mother about it. Her mother, though, asked her to ignore him.
The child then returned to her friends. The accused too returned and repeated the act and even held her hand. The child again ran back home and informed her mother about it. The mother came out of the house and reprimanded the man who, in turn, abused her. Police were called but the accused fled. Subsequently, he was apprehended. He has been in jail since October and had not sought bail.
The court refuted the defence submission that non-examination of the child’s friends was fatal to the case. “It is for the prosecution to decide how many witnesses they want to examine. It is the quality and not the quantity of the witness which matters. Thus, there is absolutely no reason to disbelieve the testimony of the witnesses,” the court said.