A Palghar court has sentenced a man to 20 years' rigorous imprisonment for sexually assaulting a minor boy, rejecting the defence's claim of improbability in a crowded locality and stressing that "bystander apathy" cannot undermine a victim's testimony.
Special Judge A H Kashikar found the 41-year-old accused, Madhu Dharma Govari, a labourer from Vasai in Maharashtra's Palghar district, guilty under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
According to the prosecution, the victim, then aged 14, was feeding pigeons near his residence on December 12, 2020, when the accused, who was his neighbour, lured him to his terrace under the guise of showing him young pigeons.
The accused then gagged the boy, dragged him to a room, tied his hands and sexually assaulted him. The boy later escaped, and despite threats and financial bribes from the accused, the victim informed his maternal aunt about the incident, following which an FIR was registered the same day.
{{/usCountry}}The accused then gagged the boy, dragged him to a room, tied his hands and sexually assaulted him. The boy later escaped, and despite threats and financial bribes from the accused, the victim informed his maternal aunt about the incident, following which an FIR was registered the same day.
{{/usCountry}}The court rejected the defence's argument that the assault was improbable in a dense neighbourhood, noting that "bystander apathy" is common in modern public spaces and does not discredit a victim's testimony.
It also said that the evidence proved both the victim and accused were together on the terrace, rendering the defendant's plea of alibi self-contradictory.
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Semen stains matched the accused to the victim's clothing, which the court ruled as conclusive proof of assault, stating a minor's consent is legally immaterial.
Minor procedural delays or investigative shortfalls do not undermine the case, as the victim's credible testimony was thoroughly corroborated by circumstantial and forensic evidence, the court noted.
The judge also observed that prior discord or enmity between families can equally serve as a motive for committing the crime rather than just false implication.
The court awarded Govari 20 years of rigorous imprisonment under provisions of the POCSO Act and 10 years' imprisonment under Section 377 (punishment for carnal intercourse against the order of nature with any man, woman or animal) of the Indian Penal Code. Both sentences will run concurrently.
It also imposed a fine of ₹30,000 on the accused and directed it to be given to the victim for rehabilitation.
The court directed the District Legal Services Authority (DLSA), Thane, to award further compensation to the victim as per rules.