Auto driver gets 10 years in jail for raping a minor boy
MUMBAI: A special court designated under the Protection of Children from Sexual Offences Act (POCSO) convicted a 45-year-old Govandi resident for raping a 10-year-old boy from the neighbourhood and sentenced him to ten years of rigorous imprisonment on Thursday
MUMBAI: A special court designated under the Protection of Children from Sexual Offences Act (POCSO) convicted a 45-year-old Govandi resident for raping a 10-year-old boy from the neighbourhood and sentenced him to ten years of rigorous imprisonment on Thursday.
The incident took place in November 2015, when the convict, Asif Mohammad Shaikh, an auto-rickshaw driver, called the child who was playing outside his house and asked him to get a cigarette. While giving the cigarette, Shaikh took the boy inside his house and sexually assaulted him.
As per the police, a neighbour saw Shaikh taking the boy inside his house, and the neighbour informed the boy’s family about it. Upon being informed, the elder brother of the boy went to the house of the accused and inquired about him. He saw that the boy was kept under a wooden bed. The elder brother allegedly slapped the accused and brought the boy home, as per the prosecution.
They subsequently filed a complaint with the Shivaji Nagar police station, where an FIR was registered under sections 377 (carnal intercourse against the order of nature) and section 342 (punishment for wrongful confinement) of the Indian Penal Code and under various sections of the Protection of Children from Sexual Offences Act (POCSO), 2012.
The special sessions judge Priya Bankar submitted that the incident “will leave scars in the mind of the victims for a longer period and he may not be able to live normal life and even socialise in the society. It will also cause mental trauma during his future life.”
Shaikh’s advocate said that he was falsely implicated in the case due to an alleged quarrel between him and the family members of the victim. However, the allegations were denied by the brothers of the victim during cross examination. The defence also argued that the boy was playing with three to four friends, and they were not examined by the prosecution to prove that the accused called the victim to his house to buy a cigarette. However, the court observed that the prosecution’s case was that the boy was called to the house after he was going back home from playing.
The court primarily relied on the deposition of the neighbour, who saw Shaikh taking the boy inside his house. Further, the court observed that medical evidence also shows that force was applied to the boy due to which he sustained several injuries.
“Prosecution evidence shows that the accused took the victim inside his house and closed the door. When the brother of the victim knocked on the door of the accused, he opened the door and found that the victim was lying below the bed. The said evidence is sufficient to prove the allegations of wrongful confinement of the victim in the house of the accused,” said the court.
The court also directed Shaikh to pay a compensation amount of ₹8,000 to the victim.