Tailor gets 10-year jail term for impregnating 13-year-old girl

A 29-year-old tailor has been sentenced to 10 years in prison for impregnating a 13-year-old girl after luring her into a relationship. The man's defence that he was falsely implicated because of his religion was rejected after a DNA test confirmed he impregnated the child. The man met the girl outside her home and took her out, frequently sexually assaulting her on different occasions. The court said the girl's consent was immaterial, as she was too young to understand the consequences of her actions.

MUMBAI: A special POCSO (Protection of Children from Sexual Offences Act) court last week sentenced a 29-year-old tailor to ten years imprisonment for impregnating a 13-year-old girl after luring her into a relationship.

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The man in his defence pleaded that he was falsely implicated because of his religion which the court discarded after the DNA fingerprinting report confirmed that he impregnated the child.

As per the prosecution case, the incident took place in 2017 when the accused used to work at the tailor’s shop located near the survivor’s house. The accused would initiate conversation and talk to the girl when she left for school and when she returned home. The accused also took her out and impressed upon her that they were in a relationship. The family of the girl came to know about this, and they warned the accused.

However, the accused continued to meet the girl. In November 2016, he took her to his friend’s place and sexually assaulted her. The girl later revealed that the accused frequently took her out and sexually assaulted her on several occasions at different places.

On June 20, 2017, the girl complained of severe abdominal pain. The doctors checked her and found that she was five months pregnant. On June 18, 2017, the girl’s pregnancy was terminated, and the foetus was sent to a forensic science laboratory for DNA examination. The DNA report confirmed that the accused was the one who had impregnated the child.

The court after perusal of the evidence noted that the parents of the girl had registered a non-cognizable offence against the accused and had warned him. Besides, the investigation in the case revealed that the two were in a relationship and the accused purportedly wanted to marry the girl.

The court, however, rejected the defence. “The accused raised the plea that he was having a love affair with the survivor and her parents were reluctant to file a report, as she was just 13 years 11 months old, and it was but natural that any parents would oppose the relationship of love or sexual relationship or otherwise between their young child with a man or a boy. Here, the accused is 29 years of age, and it cannot be said that he was in love with the 13-year-old child, having no worldly knowledge,” the court said.

The court said the girl’s consent was immaterial, as she was too young to understand the consequences of her acts. “At the time of the incident, the survivor was just 13 years old. She was too young to be in the age of understanding. The consent of a child below 18 years of age is immaterial. Thus, the acts cannot be said to be consensual,” the court said.