MUMBAI: Rejecting that skin-to-skin contact was a necessity in a sexual assault, a special court in Pocso convicted a 40-year-old Mumbai man and sentenced him to five years in rigorous imprisonment for touching his several times the private parts of her 5-year-old daughter on her clothes. The court also refuted the defense argument that the child did not use the word “finger”. Calling the arguments puzzling, the court said the relevant section of the Pocso law does not define how an abuser must touch a child’s private parts during a sexual assault incident. The sexual assault offense talks about the sexual intent of the accused.
The court noted that after the inappropriate touching, the child began to react strangely. “Needless to say, the defendant did it (touching) with a sexual intent that affects the mind of the little victim,” the court said.
In 2019, an alert class teacher informed the child’s mother about his unusual behavior of rubbing against the corner of school desks after which the matter came to light. Refusing to grant clemency to the man, the court observed: “A father is a fortress, trustee of his daughter. This crime therefore becomes more serious. In the present case, I find no mitigating or extenuating circumstances on the record to justify the imposition of a lesser sentence than that prescribed by law,” said Special Judge HC Shende.
The father had claimed that the mother had falsely implicated him as they frequently argued about his lack of interest in caring for the child. He alleged that the child was educated. However, the child denied the claims and said his mum cooked “good food”.
The court pointed out: “The acts of the victim were first noticed by his teacher, then the mother became aware of them, so that there is no possibility of false involvement of the defendant out of spite. ..”
A 40-year-old Mumbai man was found guilty by a Pocso court and sentenced to five years rigorous imprisonment for repeatedly touching his 5-year-old daughter’s private parts over her clothes.
The court noted that after the inappropriate touching, the child began to react strangely. “Needless to say, the defendant did it (touching) with a sexual intent that affects the mind of the little victim,” the court said.
In 2019, an alert class teacher informed the child’s mother about his unusual behavior of rubbing against the corner of school desks after which the matter came to light. Refusing to grant clemency to the man, the court observed: “A father is a fortress, trustee of his daughter. This crime therefore becomes more serious. In the present case, I find no mitigating or extenuating circumstances on the record to justify the imposition of a lesser sentence than that prescribed by law,” said Special Judge HC Shende.
The father had claimed that the mother had falsely implicated him as they frequently argued about his lack of interest in caring for the child. He alleged that the child was educated. However, the child denied the claims and said his mum cooked “good food”.
The court pointed out: “The acts of the victim were first noticed by his teacher, then the mother became aware of them, so that there is no possibility of false involvement of the defendant out of spite. ..”
A 40-year-old Mumbai man was found guilty by a Pocso court and sentenced to five years rigorous imprisonment for repeatedly touching his 5-year-old daughter’s private parts over her clothes.
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