Forcibly kissing 8-year-old aggravated sexual offence, rules court; man gets 5 years term

As per the prosecution, the girl was playing outside her home when the accused, who lived in the same building, called her, pulled her by the hand and forcibly kissed her

MUMBAI: A sessions court on Wednesday sentenced a 31-year-old man to five years’ rigorous imprisonment for forcibly kissing an eight-year-old girl on the lips in their residential building in July 2022, holding the act to be aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

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The court also imposed a fine of ₹10,000, observing that the offence was committed by “taking advantage of her tender age and vulnerability” and caused “mental trauma to the victim girl and her parents too”.

As per the prosecution, the girl was playing outside her home when the accused, who lived in the same building, called her, pulled her by the hand and forcibly kissed her. The child immediately raised an alarm and informed a neighbour, and later her family, after which an FIR was lodged the same night.

The court relied primarily on the child’s testimony, calling it “clear and cogent”, and said it was supported by her statement before a magistrate, the prompt FIR, and the accounts of her mother and the neighbour. It emphasised that there was no delay in reporting the incident, which “reduces the possibility of any false implication.”

Rejecting the defence claim of false implication due to prior disputes between families, the court said there was no evidence to support it and that the child, being a young witness, had “no reason to falsely implicate the accused”. It further noted that the accused did not deny being present at the spot.

Holding that the prosecution had “succeeded to prove by raising presumption,” the court convicted the man under Sections 8 (sexual assault), 10 (aggravated sexual assault) and 12 (sexual harassment) of the POCSO Act and Section 354 (assault or criminal force to a woman with intent to outrage her modesty) of the IPC. The court said separate sentences for lesser offences were not required as they were covered under the aggravated charge, and acquitted him of causing hurt.

Observing the seriousness of the offence, the court said it was committed “in the vicinity of the residential area of the victim girl”, reflecting a “fearless sexual intention” and disregard for law. It directed that ₹8,000 from the fine be paid to the child as compensation.