Surat: A special Pocso court in Navsari on Thursday sentenced a 38-year-old man to 20 years of rigorous imprisonment for sexually assaulting his five-year-old grandniece during a marriage function in 2019. The accused, who is the uncle of the girl's father, abducted her while she was asleep in a room, taking advantage of the loud music at the marriage event in a village of Gandevi taluka. The court of special Pocso judge TS Brahmbhatt invoked section 29 of the POCSO Act , which presumes guilt in cases of sexual offenses against children, shifting the burden of proof onto the accused.
The court also awarded a compensation of Rs 5 lakh to the victim. Details of the case reveal that the girl accompanied her mother to a relative's wedding in Gandevi taluka on April 22, 2019. After dinner, the girl and her three-year-old brother were put to sleep by their mother, who then went outside to join the garba in the DJ party.
At around 1 am, the mother checked on her children and found them both asleep. However, when she checked again around 2 am, she discovered that her daughter was missing. The DJ music was immediately halted, and everyone began searching for the child.
After approximately 30 minutes, the girl was found in a farm behind the house, bleeding. She was rushed to a nearby hospital, where doctors confirmed she was raped. The girl was then transferred to Navsari Civil Hospital, and Gandevi police filed a complaint under the IPC and Pocso Act.
As the girl was extremely traumatised, she was unable to recount the incident, making it difficult for the police to identify the suspect. A few days later, the girl's father passed away due to some ailments, and her mother moved to live with her parents in another village. Initially, due to lack of evidence, the police filed an A-summary report, a report filed when an offense is established but no evidence is found.
However, they continued to counsel the girl to help her recall the details. Fifteen months later, during a counselling session, the girl revealed that the perpetrator was her father's uncle. The police arrested him immediately, and the girl identified him in a lineup.
The police filed a chargesheet in Aug 2020. Govt pleader Ajay Tailor argued that the accused's actions were a severe betrayal of the trust between a grandfather and granddaughter. "This case highlights that even minor girls are not safe from their own family members.
The court should impose the harshest punishment on the accused," he contended. The court, in its ruling, noted that the medical officer's testimony and the established facts of the case supported the presumption of guilt against the accused under section 29 of the POCSO Act. "The accused failed to refute the established facts and did not provide any evidence to prove his innocence," the court observed.
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