PUNE: A special POCSO (Protection of Children against Sexual Offences) Court in Pimpri-Chinchwad has sentenced a 33-year-old labourer to 10 years’ rigorous imprisonment (RI) for attempting to rape a 12-year-old girl, holding that the prosecution had proved its case beyond reasonable doubt and that the accused had failed to rebut the statutory presumption under the POCSO Act. A copy of the judgment was made available on August 6.
Special POCSO judge S S Nair convicted Mohan Chinappa alias Kenchappa Kurhade under section 4 read with section 18 of the POCSO Act and sentenced him to RI for 10 years along with a fine of ₹25,000. If he defaults on payment of the fine, he will undergo an additional year of RI. The court also extended the benefit of the period spent in judicial custody since August 13, 2020.
According to the prosecution, the incident occurred on the night of August 12, 2020, when the victim had stepped out to buy milk from a nearby grocery shop. Finding the shop closed, she started walking home when the accused allegedly dragged her into a tin shed, gagged her mouth, opened her jerkin, pressed her breasts, bit her lips and threatened to kill her mother. He allegedly attempted to undress the victim before her maternal uncle rushed to the spot after hearing her cries for help. The accused was apprehended by local residents and later handed over to Nigdi police.
Rejecting the defence plea of false implication, the court observed that the victim’s evidence was reliable and fully supported by surrounding circumstances.
{{/usCountry}}Rejecting the defence plea of false implication, the court observed that the victim’s evidence was reliable and fully supported by surrounding circumstances.
{{/usCountry}}“The victim is found to be reliable and trustworthy. No corroboration is required to be looked for, though enough is available on the record,” the court observed.
The judge further noted that the testimony of the child was corroborated by her mother, and her maternal uncle who rescued her from the spot, and by medical and documentary evidence collected during the investigation. The court also observed that the accused was caught at the scene by members of the public and failed to explain the injuries found on his person.
Emphasising the legal presumption available under the POCSO Act, the court held, “The prosecution has thus established the foundational facts, giving rise to the statutory presumption that the accused committed the offence, unless the contrary is proved. The onus is upon the accused to establish that he has not committed the offence”.
The judgment added that the accused neither produced any defence evidence nor rebutted the statutory presumption.
“Merely giving suggestions are not sufficient when the onus is on the accused to rebut the case of the prosecution. This court has no reason not to draw the presumption in favour of the prosecution,” the judge said.
While imposing the sentence, the court described the offence as grave considering the age of the victim.
“The convict has been held guilty of attempting to rape the victim, aged about 12 years, which is an inhuman act by all means,” the order stated.
The court noted that although rape carried a minimum punishment of 20 years, the conviction was for an attempt to rape under section 18 of the POCSO Act, making the accused liable to punishment extending to half of the maximum term prescribed. The court accordingly imposed 10 years’ rigorous imprisonment.
The court also appreciated the efforts of special public prosecutor P S Agarwal for ensuring that crucial evidence, including the victim’s original birth records, was brought on record to conclusively establish her age. Further, it recommended that the district legal services authority consider awarding compensation to the victim under section 357 A of the Code of Criminal Procedure.