POCSO court sentences man to 20 years in jail for raping 5-year-old cousin

MUMBAI: A special POCSO (Protection of Children from Sexual Offences Act) court on Thursday sentenced a 26-year-old man to 20 years imprisonment for raping his 5-year-old cousin in Santacruz in 2018

MUMBAI: A special POCSO (Protection of Children from Sexual Offences Act) court on Thursday sentenced a 26-year-old man to 20 years imprisonment for raping his 5-year-old cousin in Santacruz in 2018. While pronouncing the judgement, special judge S C Jadhav also imposed a fine of ₹25,000 on the accused.

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According to the prosecution, represented by special public prosecutor Veena Shelar, the victim and her younger brother lived with their aunt. The victim’s grandfather passed away on May 8, 2018. To attend the sixteenth day of the rites, the victim’s uncle’s (father’s elder brother) wife and their two sons had travelled from Uttar Pradesh and were residing in the same house.

On 26 May 2018, when the aunt returned from the market around 11am, she found the 5-year-old wailing in pain and urinating frequently. The victim cried every time she urinated. “She came to me crying, so I took her closer to me. She would not tell me what had happened. While she sat on my lap, she urinated. This was unusual, so I shouted at her. She continued crying for the entire day; she didn’t say anything. I was worried,” said the victim’s aunt in her deposition.

When the minor’s pain did not subside, on 28 May 2018, the aunt rushed her to the hospital.

When the doctor enquired, the victim told them that her cousin brother had done something wrong with her. “Everyone slept together on the night of 25 May 2018. Bhaiya (brother) slept beside me. I was sleeping when bhaiya (brother) pulled my pants. I woke up. I started to cry as I felt a sudden pain,” said the victim in her testimony.

The doctor informed the aunt that the victim was sexually assaulted and suffered cuts and infections in her private parts. The aunt then lodged a complaint with the Vakola Police Station.

The accused was booked under sections 376-AB (punishment for rape on woman under twelve years of age) and 376 (2)(f) (commission of rape by a relative, guardian, teacher, or a person in a position of trust or authority towards woman) of the Indian Penal Code, 1860 and section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Act.