While pronouncing a judgment wherein a 26-year-old man was given a 20-year prison sentence by a special court in Mumbai for sexually abusing a minor boy, the court noted in their order that “the act (sexual assault), which has taken place with the victim, will leave scars in his mind for a longer period.”
THE FACTS OF THE CASE
The facts of the matter, as per the PTI news service, are that in the year 2020, the victim, who is an eight-year-old boy, was playing near his residence in Mumbai when the assaulter approached him and asked him to come to a temple in the area.
The accused lured the boy with money, later sexually assaulted him, and warned him that if he ever reveals about this incident to anyone, he shall face dire consequences. But later, the boy’s parents came to know about this incident, after which they went to the local police station and lodged a case against the accused on July 22, 2020.
The accused contended that the lockdown prevented any possibility of assault during that period. However, the court dismissed this defense, emphasizing that while there was indeed a lockdown in place, it did not constitute a complete shutdown. The court reasoned that, despite restrictions, individuals were permitted to leave their residences. Consequently, the court found no grounds to discredit the evidence based solely on the existence of the lockdown.
JUDGEMENT
In this trial, six witnesses were examined, and after relying on the medical evidence submitted, it was held that there is no plausible justification to discredit the testimony provided by the prosecution witnesses regarding the occurrence of unnatural sexual acts perpetrated by the accused.
And therefore, Special Judge Priya Bankar, on April 6th, rendered a verdict convicting the individual under the relevant IPC section concerning unnatural sexual conduct, alongside provisions outlined in the Protection of Children from Sexual Offenses (POCSO) Act.
