Thane: Rejecting the defence plea of a consensual relationship, a special POCSO court on Thursday sentenced a 23-year-old delivery executive to 20 years’ rigorous imprisonment for repeatedly sexually assaulting a 17-year-old girl under the false promise of marriage, which resulted in pregnancy and subsequent childbirth.Special Judge Ruby U Malvankar convicted the Bhayandar East resident under Section 376(2)(n) of the Indian Penal Code for repeatedly raping the same woman, and Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act for aggravated penetrative sexual assault.
According to the prosecution, the victim filed an FIR at Navghar (Bhayandar) police station on Jan 30, 2022, alleging the accused befriended her under the pretext of marriage. In Oct 2021, while her grandmother was at work, he visited her home and sexually assaulted her despite her resistance. The assaults continued repeatedly on the promise of marriage, taking advantage of her vulnerability and trust.The case came to light when the victim’s mother grew concerned after she missed her periods and took her to a doctor in Worli. A medical examination revealed a 3-month pregnancy, shocking the family. The victim subsequently delivered a baby boy on Aug 15, 2023, bringing the matter to its tragic conclusion.During the trial, the defence argued that the relationship was entirely consensual and claimed the couple lived together briefly at Rey Road. The defence counsel attempted to portray it as a romantic relationship between consenting individuals. However, the court firmly rejected this line of reasoning based on the victim’s minor status at the time of the incident.In her detailed order, Judge Malvankar observed, “Admittedly, it is proved by the prosecution beyond reasonable doubt that, as on the date of commission of offence, the victim was minor. It is settled law that a minor is incompetent to enter into any kind of contract and is incapable of giving consent. Hence, in law, consent of a minor is no consent.”The court further noted, “The special court shall presume that such person committed the offence unless the contrary is proved… the accused did not produce any material on record to show that he did not possess that mental state at the relevant time.”The prosecution, represented by special public prosecutors Adv AB Patil-Bhamre and Adv Rekha Hiwarale, presented 3 witnesses before the court to substantiate the charges and establish the accused’s guilt beyond reasonable doubt.While the accused, employed as a delivery boy with a food delivery platform, pleaded for leniency, citing his young age and family responsibilities, the court remained unmoved and emphasised the gravity of the crime committed against a child victim who placed her trust in him.Besides sentencing him to 20 years’ rigorous imprisonment under Section 6 of the POCSO Act, Judge Malvankar imposed a fine of Rs 2,000 to be paid directly to the victim as immediate compensation. In case of default in payment of the fine, an additional 1 year of rigorous imprisonment will be imposed on the convict.The case was recommended to the District Legal Services Authority (DLSA), Thane, for considering further compensation to the victim under the Manodhairya Scheme, a state govt initiative for supporting victims of sexual crimes.
