Two sent to 10 years in jail for sexually assaulting nine-year-old

The teacher informed the principal, and the school consulted their visiting counsellor. The counsellor revealed that her cousin had committed penetrative sexual intercourse with her on various occasions. Similarly, her other relative, a 45-year-old spot boy, had sexually assaulted her

Mumbai: A special court designated under POCSO (Protection of Children from Sexual Offences Act) sentenced a garbage collector and a spot boy to 10 years of imprisonment for repeatedly sexually assaulting a nine-year-old girl in 2018.

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The complaint was lodged by the school’s visiting counsellor attached to Akanksha Foundation on December 5, 2018, after the survivor revealed that she was sexually assaulted by three persons, including her cousin. The court, however, acquitted her cousin, 22, who was booked for sexually assaulting her, for want of evidence.

On November 26, 2018, the victim, who was then in Class 4, was crying in school due to stomach pain. When the class teacher inquired with her, she claimed that her cousin brother had done dirty things with her.

The teacher informed the principal, and the school consulted their visiting counsellor. The counsellor revealed that her cousin had committed penetrative sexual intercourse with her on various occasions. Similarly, her other relative, a 45-year-old spot boy, had sexually assaulted her.

Upon further inquiring, she revealed that three years prior, a 22-year-old garbage collector, who resided near her Arabic classes had also sexually assaulted her.

The school management and counsellor informed the victim’s mother, while her father had died in 2016. However, when they failed to take any action, the counsellor lodged a case with the Tardeo police station. The police arrested the garbage collector and the victim’s cousin on December 5, 2018, whereas the relative was arrested on December 9, 2018. All three accused were in judicial custody since their arrest.

The trial in the case started two years later, in February 2020, whereby the prosecutor, VD More, examined nine witnesses including the victim, counsellor, principal of the school, and medical officer. When the victim narrated her ordeal in court, it was supported by medical evidence. The doctor found there were old healed hymenal tears when she was examined by the doctor after the registration of the case.

Considering the evidence, the court found substance in the allegations against the garbage collector and the victim’s distant relative. While holding the two guilty the court said, “The victim, not only narrated the incident in terms of her previous statement, but also identified the accused. The testimony of the child was consistent, reliable, and truthful.”

The court also rejected the arguments, stating that the case was filed after a huge delay. The court said, “It is not unusual for a child to keep the incident secret for weeks or even months. The accused also threatened the victim with physical harm. Moreover, the children often feel ashamed of the act and tend not to tell their parents immediately as to what happened with them, especially if the offender is known to them or their close relative. Thus, the delay in such cases cannot be equated with cases of other offences. The victim of sexual assault cases carries trauma in her mind, because of which delay is bound to occur.”

Besides, the delay was well explained by the prosecution, the court said, observing, “The circumstances on record show that the father of the victim expired in 2016. Her mother is doing the work of a housemaid. Under such circumstances, the mother of the victim could not gather the courage to report the matter to the police. It has also come in the evidence of the informant (counsellor) that she tried to convince the mother of the victim for many days. But due to fear, she had not given the report. Resultantly, the informant reported on December 5, 2018. Thus, the delay has been satisfactorily explained by prosecution.”