Pocso court: School sweeper gets 15 years’ term for sexual assault of minor

A special Pocso court convicted the sweeper of an Urdu school in south Mumbai for sexual assault of an 11-year-old girl. He has also been fined.

A special Protection of Children from Sexual Offences (Pocso) court on Saturday convicted a sweeper working with an Urdu school in south Mumbai for sexually assaulting an 11-year-old girl and sentenced him to 15 years of rigorous imprisonment.

the Pocso court rejected the accused’s claim that he was not present in the school on the day of the sexual assault. (For representation)

The prosecution, through special public prosecutor Kalpana Hire, said the offence had taken place on a number of occasions in February and March 2015. The minor lived with her aunt who notices abrasions and scratch marks on her arms while giving her a bath and inquired about it. The girl eventually told her that the school sweeper would take her to a room during recess and sexually assaulted her. He had allegedly threatened the girl against telling anyone about it.

The minor’s family then approached the court and the sweeper was arrested after investigation.

The prosecution examined nine witnesses including the minor, the investigating officer, school staff and a videographer who recorded the girl’s statement. They also relied on several documents such as medical reports, birth certificate of the girl, forensic report along with spot panchnama.

Advocates Nilesh Ojha and Abhishek Mishra, for the accused, had argued there were material contradictions and omissions in the minor’s testimony. They claimed that the accused was not present on the date of the offence, and said there were no eyewitnesses. They further claimed that the accused was falsely implicated by a person who wants get the school vacated.

Special Pocso judge Sanjashree S Gharat observed that the accused was unable to produce any evidence to support his claim and held the accused guilty for commission of offence punishable under 376 (2) (n) and 506 (2) of the Indian Penal Code (IPC) and section 6 of Pocso Act in view of the provisions of section 42 of Pocso Act.

Responding to an application for the discharge of the accused filed by the complainant, the court observed that the application was filed after the accused was held guilty and was set for sentencing and hence dismissed it.

The accused was then sentenced to 15 years of imprisonment and a ₹30,000 fine under one charge and 1 year imprisonment and ₹10,000 for another. Both the sentences would run concurrently.