Man sentenced to 10-year RI for sexual assault of minor girl in Thane
Deshmukh.
The crime occurred when the convicted man, then 23, befriended the victim near her school and persuaded her to accompany him and a friend to the friend's house. While the friend was in the kitchen, he forcibly kissed the victim, removed her clothing, and committed penetrative sexual assault despite her resistance. The frightened girl managed to push him away and returned home, where she confided in her mother after a neighbour alerted the family about her departure with two boys, prosecutor Rekha Hiwrale informed.
The case was filed at Shrinagar police station, Thane, on Nov 2, 2018, leading to the arrest of both accused. The main accused was in judicial custody since January 2020, while his co-accused was released on bail.
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The court examined evidence from 12 prosecution witnesses and found compelling proof of the crime. The victim's testimony remained consistent across multiple statements, while medical evidence showed injuries corroborating her account.
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Crucially, DNA evidence linked the accused to the crime, with his profile matching semen stains found on the victim's clothing. A seized condom packet at the scene demonstrated premeditated intent.
The main accused was convicted under the Pocso Act, Indian Penal Code sections for kidnapping and sexual assault, and the SC/ST Prevention of Atrocities Act, as the victim belonged to a Scheduled Caste community. However, the co-accused was acquitted after the court found no evidence of his knowledge or involvement in the crime.
During sentencing, the judge pointed out the serious nature of crimes against children and noted that the accused exploited his friendship with the victim. The Rs 20,000 fine will be paid to the victim as compensation, with the case referred to the District Legal Services Authority for additional compensation consideration.
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