Thane, Jan 6 A Thane court has sentenced a man to 20 years rigorous imprisonment for sexually assaulting a 10-year-old girl, stating the punishment was necessary considering the gravity of the crime and to send a strong message to "like-minded criminal elements in society".
The 35-year-old accused, whom children in the locality addressed as 'Samosawala uncle' as he used to feed them samosas, committed breach of their confidence and faith, Special POCSO Court Judge Ruby U Malvankar said in the judgment on January 3.
The accused, Vijaybhan alias Amit Surjbali Saroj, a resident of Nehrunagar slum in Vartaknagar area of Maharashtra's Thane city, was convicted under Sections 376(2)(n) (repeated rape) and 506 (criminal intimidation) of the Indian Penal Code, and Sections 5 and 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.
The accused had gained the trust of the victim's family by frequently feeding samosas to children in the neighbourhood.
According to the prosecution, the accused sexually assaulted the victim on multiple occasions between January 4 and January 22, 2024, after forcefully taking her to his house.
The crime came to light on January 23, 2024, when a school teacher noticed the victim was bleeding and informed her mother.
The judge in her order said, "Having considered the facts and circumstance of this case, it is worth to be noted that the children in the locality were fond of the accused and were addressing him 'Samosawala uncle'. Not only the children but their families too had developed faith in him as he used to feed the children samosas."
"However, by repeatedly dragging the victim to his residence and committing aggravated penetrative sexual assault on her, the accused committed breach of that confidence and faith," the court said.
The victim too suffered a lot physically as well as mentally, it noted.
"Considering all these agonies and sufferings and the seriousness of the case and its gravity, the accused deserves to be sentenced suitably to serve the dual purpose, namely, punishing the accused for the crime committed by him and secondly, for sending appropriate message to like-minded criminal elements in the society," it said.
It is pertinent to note that a person committing such an offence would, in the ordinary course of events, take enough precautions to ensure his activities are not observed/noticed by anyone. "Therefore, the mere fact that the Investigating Officer found no eye-witnesses... does not brush aside the testimony of the victim," the court said.
It sentenced Saroj to 20 years rigorous imprisonment and also imposed a fine of Rs 5,000 on him for offences under the POCSO Act.
Additionally, the court also sentenced him to 3 years rigorous imprisonment and slapped a fine of 1,000 for criminal intimidation under IPC Section 506. Both sentences will run concurrently.
The judge recommended that the fine amount be paid to the victim as compensation and further referred the case to the District Legal Services Authority, Thane, for additional compensation under the 'Manodhairya' scheme.
