MUMBAI: In a significant verdict, a POCSO court in Mumbai has handed down a life sentence to a 50-year-old man convicted of sexually assaulting his niece and causing her pregnancy.
The court emphasized the gravity of the man’s actions, stating that the severity of the offense warranted the maximum sentence, and no leniency was deemed appropriate given the nature of the crime.
“The accused is relative of the prosecutrix (survivor) who has committed sexual intercourse with the prosecutrix and repeatedly committed rape on her. Further, he impregnated prosecutrix. The prosecutrix had her abortion and currently she has to reside in the shelter home of CWC (child welfare committee),” PTI quoted the court as saying in its order.
Special Judge TS Bhogte pronounced the man guilty of rape on November 24.
The comprehensive order detailing the judgment was released on Thursday.
The case against the man was filed in July 2017 in this jurisdiction.
According to the prosecution, the survivor hails from Uttar Pradesh, where she had pursued her education until Class 6.
In 2012, she relocated to Mumbai for further studies and resided with her uncle and his family.
The survivor informed the court that over a span of two years, her uncle subjected her to sexual harassment by inappropriately touching her whenever there were no other individuals present in the house.
Following Holi in March 2017, she asserted that her uncle sexually assaulted her and subsequently threatened her, warning against disclosing the incident to anyone.
The man refuted the allegations, contending that his niece was not a minor at the time.
He asserted that their relationship was consensual.
Dismissing his defense, the court stated, “The accused’s relationship with the prosecutrix falls within the prohibited degree of relationship. Given these circumstances, it is unlikely that the prosecutrix (survivor), who is the niece of the accused, willingly engaged in a sexual relationship with him.”
The court placed reliance on medical evidence indicating that the girl was between the ages of 19 and 20.
Furthermore, it asserted that there was a lack of evidence demonstrating that the girl was a minor at the time of the incident.
In convicting the man, the court affirmed that the prosecution successfully demonstrated his involvement in “forceful sexual intercourse,” repeatedly committing rape, and intimidating the survivor to refrain from disclosing the assaults to anyone.
With agency inputs
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault.)
The court emphasized the gravity of the man’s actions, stating that the severity of the offense warranted the maximum sentence, and no leniency was deemed appropriate given the nature of the crime.
“The accused is relative of the prosecutrix (survivor) who has committed sexual intercourse with the prosecutrix and repeatedly committed rape on her. Further, he impregnated prosecutrix. The prosecutrix had her abortion and currently she has to reside in the shelter home of CWC (child welfare committee),” PTI quoted the court as saying in its order.
Special Judge TS Bhogte pronounced the man guilty of rape on November 24.
The comprehensive order detailing the judgment was released on Thursday.
The case against the man was filed in July 2017 in this jurisdiction.
According to the prosecution, the survivor hails from Uttar Pradesh, where she had pursued her education until Class 6.
In 2012, she relocated to Mumbai for further studies and resided with her uncle and his family.
The survivor informed the court that over a span of two years, her uncle subjected her to sexual harassment by inappropriately touching her whenever there were no other individuals present in the house.
Following Holi in March 2017, she asserted that her uncle sexually assaulted her and subsequently threatened her, warning against disclosing the incident to anyone.
The man refuted the allegations, contending that his niece was not a minor at the time.
He asserted that their relationship was consensual.
Dismissing his defense, the court stated, “The accused’s relationship with the prosecutrix falls within the prohibited degree of relationship. Given these circumstances, it is unlikely that the prosecutrix (survivor), who is the niece of the accused, willingly engaged in a sexual relationship with him.”
The court placed reliance on medical evidence indicating that the girl was between the ages of 19 and 20.
Furthermore, it asserted that there was a lack of evidence demonstrating that the girl was a minor at the time of the incident.
In convicting the man, the court affirmed that the prosecution successfully demonstrated his involvement in “forceful sexual intercourse,” repeatedly committing rape, and intimidating the survivor to refrain from disclosing the assaults to anyone.
With agency inputs
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault.)