A special court in Pune on Monday sentenced a 21-year-old man to 20 years of rigorous imprisonment for repeatedly sexually assaulting a minor girl after taking her from her home in November 2020. The court also imposed a fine of ₹1 lakh under the Protection of Children from Sexual Offences (POCSO) Act.
Special Judge Aniruddha Sulbha Subhash Gandhi convicted Mohammad Sakib Shafi Ahmed Shaikh under Sections 4 and 6 of the POCSO Act and Sections 363, 366 and 376(2)(n) of the Indian Penal Code (IPC), relating to penetrative sexual assault, aggravated penetrative sexual assault, kidnapping and repeated rape.
According to the prosecution, the girl was 17 when her mother reported her missing on November 26, 2020. The mother, a sweeper with the Pune Municipal Corporation (PMC), told police that her daughter had accompanied her to the lift before she left for work that morning. When the family could not locate the girl, they searched for her before approaching the police.
The investigation led police to Shaikh, who was accused of taking the girl away and sexually assaulting her repeatedly. The prosecution examined six witnesses, including the victim, her mother, a medical officer and investigating officer Assistant Police Inspector Swapna Waghmare. The girl’s age was established through documentary evidence, including her birth certificate.
The judge held that the girl’s consent was legally immaterial because she was a minor. The court also concluded that the accused had induced her to leave home and travel to meet him, establishing kidnapping from lawful guardianship.
{{/usCountry}}The judge held that the girl’s consent was legally immaterial because she was a minor. The court also concluded that the accused had induced her to leave home and travel to meet him, establishing kidnapping from lawful guardianship.
{{/usCountry}}The court directed that the 20-year sentence under Section 6 of the POCSO Act and the 10-year sentence under Section 366 of the IPC run concurrently. It also imposed a fine of ₹25,000 under Section 366, with three months of simple imprisonment in default of payment.