E-Paper
Special POCSO court sentences man to 20 years rigorous imprisonment for aggravated sexual assault on minor
The incident dates back to August 27, 2020, during the COVID-19 pandemic. According to the prosecution, the accused lured the victims — two girls aged 10 and 5 — into his residence in Mohammadwadi.
Pune: A special POCSO Court in Pune sentenced 40-year-old Kundlik Gulabrao Jadhav to 20 years of rigorous imprisonment for aggravated sexual offences on victims below the age of 12. Special judge Mahendra K. Mahajan emphasised the calculated nature of the crime: “The offences are committed in two stages. So, the offences were committed with intention.” Court further noted that “there is a big difference between the ages of the victims and the accused”.
According to the order released on Thursday, the crime occurred in two stages: first, the accused showed pornographic material to the two victims, and second, he sexually assaulted one of them inside his house.
The court noted that since the POCSO Act’s section 5(m) read with Section 6 of the POCSO Act prescribe a minimum sentence of 20 years, it could not impose a lesser punishment. Although the court could have imposed life imprisonment for the remainder of the accused’s natural life, it considered factors such as the accused’s age, his marital status, and the fact that he is the sole earner for his family.
Hence, the court ruled that a sentence of 20 years of rigorous imprisonment and a fine of ₹10,000 would be appropriate. If the fine is not paid, the accused will undergo an additional year of rigorous imprisonment.
The incident dates back to August 27, 2020, during the COVID-19 pandemic. According to the prosecution, Jadhav lured the victims—two girls aged 10 and 5—into his residence in Mohammadwadi.
The prosecution, led by special public prosecutor (SPP) Milind D. Datrange, established that Jadhav first showed the children pornographic content on his mobile phone. Following this, he forced the 5-year-old out of the house, locked the door, and proceeded to sexually assault the 10-year-old victim. The matter came to light the following day when the younger girl recounted the “dirty videos” to her mother, leading the elder victim to eventually disclose the trauma she had endured. Subsequently, an FIR was lodged at the Wanwadi police station.
Kundlik Gulabrao Jadhav was convicted under section 235(2) of the CrPC for several offenses, including sections 376-AB (rape on a woman under 12 years of age), 354-A (sexual harassment), and 342 (wrongful confinement) of the IPC. He was also found guilty under sections 4, 6, 8, and 12 of the POCSO Act.
For the primary charge of ‘aggravated penetrative sexual assault (section 5(m) read with Section 6 of the POCSO Act’, the court sentenced Jadhav to 20 years of rigorous imprisonment and imposed a fine of ₹10,000. For the offense of showing pornography to minors (section 11 read with section 12 of the POCSO Act), he was sentenced to an additional three years of rigorous imprisonment and a fine of ₹5,000.
In a move to ensure the rehabilitation of the young survivors, the court recommended that the District Legal Services Authority (DLSA), Pune, provide financial compensation to both victims. The judge directed that the compensation be determined based on the nature of the offenses as per the POCSO Rules, 2020.
The court also ordered the destruction of the accused’s SIM cards and memory card, and ordered the mobile phone used in the crime to be auctioned, with the proceeds credited to the state government.
The defence, led by advocate V. S. Bhalerao, argued for leniency, but the court maintained that given the age of the victims and the gravity of the breach of trust, a substantial custodial sentence was necessary. Jadhav has been in custody since August 28, 2020, and the time already served will be set off against his final sentence.
