MUMBAI: Sentencing a 38-year-old man to a life term till his natural death for sexually assaulting the four-year-old child of a sex worker, a special Posco court judge recently noted the child was exposed to the heinous acts by an adult at a tender age, even before all her organs had developed.
"Strong message should go to society that even the children of the red light area have the right to live with dignity and their childhood is precious," said the Pocso court judge.
The Pocso court judge said 50% of the Rs 1 lakh fine should be paid to the child as compensation.
The judge added, "For her rehabilitation... the victim is also entitled to compensation by District Legal Services Authority, Mumbai, under the various Victim Compensation Scheme as per rule."
The child and her mother were among the witnesses cited by special public prosecutor V D More to seek the accused's conviction.
The crime took place on August 8, 2020.
The landlady would take care of the children while their mothers would be out at night. The child told the court that the accused had offered her something to eat and then sexually assaulted her. The mother deposed that when she returned home at 10.30pm to check if the child had eaten, the girl cried and told her about what the accused had done to her. When the mother examined the child, she found she was bleeding.
The mother said she then rushed the child to the hospital and subsequently the police were informed and the accused was arrested.
The judge said that the medical evidence corroborates the direct evidence of the child and the mother. The judge refuted the defence of the accused that the child's mother had falsely implicated him as she was unhappy about his relationship with her friend.
"In my view, this suggestion is not carrying weightage because the complainant (mother), co-sex worker (mother's friend... are all doing work of prostitution to survive and maintain their dependents. They will never become jealous because this accused is keeping love relation... In my view, it is part of their business," the judge said.
The judge further said the women were involved in prostitution for survival.