Man convicted for sexual assault, harassment of 7-year-old girl; acquitted of rape charge

In the order passed on July 4, special court judge D S Deshmukh sentenced Santosh Kashinath Shinde to the time he has already served in jail since his arrest in 2019.

The prosecution said the incident had occurred on August 28, 2019, following which the victim's mother had lodged a complaint at the Chitalsar police station in Thane, alleging that Shinde lured her daughter into his home and indulged in sexual acts with her while she (mother) was away for work.

Special public prosecutor Rekha Hiwrale said that the victim later told her mother that Shinde had dragged her into his house, luring her with chocolate. After that, he removed their clothes and indulged in obscene acts with her.

The prosecution presented four witnesses, including the victim and her mother.

The court said the victim said the accused tried to commit unnatural sex with her. The court, however, relied on the medical evidence, which said no external injury was found on the girl's private parts. The doctor also admitted in cross-examination that injury marks like redness would be present in case of penile penetration.

The court said, "Medical evidence ruled out the theory of the prosecution about the penetrative sexual assault by the accused on victim girl. Therefore, charges under sections 376 (AB) (rape), 377 (unnatural offences) of the Indian Penal Code (IPC) are not made out."

However, the court found sufficient evidence to prove the charges of sexual assault and harassment of the girl by the accused.

The victim girl has stated in her evidence that when she was playing outside the house, accused called her, dragged her in his house, closed the door, removed her and his own clothes before indulging in sexual acts with her, it said.

The court dismissed the accused person's defence of false implication due to a prior quarrel with the victim's family.

However, the court said, "Nobody can use his small girl for implicating the accused in a false offence only because of a grudge of the previous quarrel and defaming himself in the society. Therefore, this defence is not acceptable."

Shinde was convicted under sections 7 and 8 (sexual assault) and sections 11 and 12 (sexual harassment) of the POCSO Act. He was sentenced to the period he has already served in jail over five years, and fined Rs 1,000.

The court also recommended compensation for the victim from the District Legal Services Authority in Thane.