Thane, Jan 14 A special POCSO court here has sentenced a fisherman to 20 years of rigorous imprisonment for sexually assaulting a 15-year-old girl after misleading her with a false promise of marriage, noting that he had concealed his marital status from the victim.
The POCSO Act is designed to protect children from sexual offences by prescribing stringent punishments aimed at curbing the menace, addressing such crimes effectively, and deterring similar criminal behaviour, Special Court Judge Ruby U Malvankar noted in the order passed on Tuesday.
The prosecution told the court that the victim (then aged 15), who worked as a domestic help and fish cleaner at Uttan in Maharashtra's Thane district, met the accused, Manoj Navasha Shanvar, in August 2022.
Shanvar, a fisherman, gained her trust by professing love and promising marriage. The accused was already married with two children, a fact he intentionally concealed to exploit the victim.
The accused sexually assaulted the victim on multiple occasions from August 2022 to September 2023, following which she became pregnant.
When the victim informed the accused about her pregnancy, he revealed his marital status, refused to accept her, and issued threats.
The victim subsequently underwent a medical termination of pregnancy at 22 weeks.
The accused was convicted under various sections of the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code.
The court said the accused had apparently not disclosed his marital status to the victim.
"Had it been so disclosed, perhaps the victim would have never indulged in such relations with him," it observed.
Therefore, her consent was clearly obtained by deception, and hence the sexual relations fall into the definition of 'rape' under Section 375 of IPC, it said.
It was the accused who developed a romantic relationship with the victim by giving her an allurement that he would marry her, even as he knew that he would not be able to fulfil the promise, being already married and a father to two children, the court noted.
"The POCSO Act aims at providing protection to children from sexual offences and therefore stronger and stricter punishments are provided to ensure that the menace is curbed, addressed and such criminal tendencies are controlled," it added.
Along with the 20-year sentence, the court also imposed a collective fine of Rs 6,000 on the accused for various offences and directed that the amount be given to the victim.
It also directed additional compensation to the victim under the Manodhairya Scheme.
