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Two Dongri men get 20 years in jail for raping minor girl
Two men in Mumbai have been sentenced to 20 years in prison for sexually assaulting a minor girl. Despite DNA tests ruling them out as the father of the girl's child, the court relied on the girl's testimony to convict them. The girl had also accused her aunt's husband of sexual assault, leading to his arrest as well. The court stated that DNA tests were not conclusive evidence and that the girl's testimony was sufficient to prove the charges.
MUMBAI: A special court, set up under the Protection of Children from Sexual Offences (POCSO) Act, on Thursday sentenced two men to 20 years in prison for sexually assaulting a minor girl separately.
The two Dongri men—aged 34 and 39 years—were convicted primarily on the basis of the 16-year-old girl’s testimony although a DNA test on the boy born to the girl excluded the duo from being the father of the child.
The girl, who had lost her mother when she was 10-year-old, and her elder sister were raised by their father and paternal aunt. In January 2021, the girl had gone to stay with another aunt, who was a friend of her mother, to learn parlour techniques. During her stay with the aunt, the minor also used to go out to buy household articles.
On January 11, 2021, her elder sister was to get engaged. While dressing up, her aunt found physical changes in her appearance. When enquired, the girl claimed it was perhaps because of eating a lot of rice. The aunt, however, carried out a pregnancy test at home which confirmed that the girl was pregnant. When confronted, the girl revealed her relationship with the accused.
The prosecution claimed that the first accused used to work at one of the shops where the girl used to go. The two developed a friendship. The girl said the accused used to take her in a lane nearby and used to sexually assault her. She, however, did not reveal it to anyone.
In a medical examination, the girl was found to be six months pregnant and later she delivered a baby boy. Based on the family’s complaint, the Dongri police on January 15, 2021, registered a case against the shop employee under relevant sections of the POCSO Act. The accused was arrested the next day.
After the incident, the girl was taken to Children’s Home. Later, she was taken for medical examination on January 18, 2021. During the examination, the girl revealed that the husband of her aunt had also sexually assaulted her twice. The girl said she feared her aunt and therefore did not reveal the fact to anyone while staying in their house. After this revelation, the 39-year-old husband of her aunt was arrested on January 29, 2021 and prosecuted along with the 34-year-old arrested earlier.
A DNA test on the baby boy and the two accused was conducted, but the result had excluded them from being the father of the child.
The court, however, said, “The DNA reports are helpful to decide the paternity of the child only. Though the accused are excluded to be the biological father of the baby of the girl, it cannot be inferred automatically that the accused did not sexually assault her. The testimony of the girl is consistent with and corroborates the prosecution case,” the court said.
“Further the DNA test cannot be said to be the conclusive evidence regarding rape, but it can only be used as corroborative evidence. Therefore, testimony of the girl is sufficient to prove the charge of penetrative sexual assault against accused,” the court added, while holding the duo guilty of raping the minor girl.
