Testimony of 5-year-old boy nails rapist in Pocso case in Thane
Special judge D S Deshmukh sentenced the accused to five years' rigorous imprisonment and also imposed a penalty of Rs 5,000 on him.
Public prosecutor Rekha Hiwrale said despite his tender age, the boy provided specific details about how the accused sexually assaulted him and hit him with a stone, causing facial injuries that required medical sutures. The prosecution's case was strengthened by a medical examination that revealed injuries consistent with the child's testimony.
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The court noted that the boy's testimony when he was seven at the time of trial, remained consistent throughout the legal proceedings, from his initial statement to the police to his examination under Section 164 of the Criminal Procedure Code.
Judge Deshmukh observed that there was no plausible reason to disbelieve his testimony and described his evidence as trustworthy with full corroboration from medical evidence.
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The defence claimed that the convict was falsely implicated due to previous disputes with the boy's family. However, the court firmly rejected this argument, stating that "no one can implicate any person in such a false case with the help of his small child". Judge Deshmukh observed that the swift action left "no scope or time for concocting a false story to implicate the accused falsely" and that there was no opportunity "for either of the witnesses or police to manipulate the investigation".
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