PUNE, India: The court of special judge S D Darne on Friday delivered a judgment that has resulted in the conviction of a 32-year-old man for sexually assaulting a 10-year-old girl, a first in the city under the newly enacted Protection of Children from Sexual Offences Act (PCSOA), 2012.
The court sentenced Rajendra Bhima Asudeo, a resident of Dias plot slums in Gultekdi, to 10 years' rigorous imprisonment (RI) for committing an offence under section 6 (penetrative sexual assault) of the PCSOA.
A plumber by profession, Asudeo was sentenced to one year RI under section 354 (molestation) of the Indian Penal Code (IPC). He was further sentenced to two years' RI under section 506 (criminal intimidation) of the IPC. All the sentences will run concurrently.
He will have to undergo an additional three-month RI for failing to deposit a fine of Rs 3,000. Asudeo was acquitted under sections 324 (voluntarily causing hurt) and 376 (2) (rape) of the IPC due to lack of evidence.
The judge issued an operative order of the sentence after hearing Asudeo on the point of sentence. The accused demanded that he be sentenced to death. However, the court informed him that the offences for which he was charged did not invite death penalty.
Special public prosecutor Pratap Jadhav said, on March 21, 2013, Asudeo took the girl to his place on finding her alone at her residence as her parents were away for work. The accused molested and attempted to rape the girl earlier as well.
Jadhav said Asudeo thrashed the girl with a stick and threatened to kill her if she disclosed the matter to her parents after she foiled his bid to sexually abuse her and ran out of the house.
According to Jadhav, the girl had said in her statement that Asudeo had molested her on "two to three" occasions earlier, but she did not reveal the incident to anyone out of fear. She later reported the incident to her mother to teach Asudeo a lesson, he added.
The police had arrested him after receiving a complaint from the girl's mother. He was charged under the PCSOA after the agitated residents, mainly women of Dias Plot slum, demanded stringent action against him fearing that he would get out on bail if prosecuted for a lesser offence of molestation.
The residents had also thrashed him when he was produced before the special court by the police to seek his custody. However, he was rescued by the police.
The then judge Vinay G Joshi had recorded the girl's evidence in the presence of her parents as per section 28 of the PCSOA so that she could fearlessly depose against the accused. The judge had ensured that the girl did not see the accused. The prosecution and the defence counsel had routed the questions to the girl through the judge to create a child-friendly atmosphere. The court had also advised the defence not to ask aggressive questions to the child.
The prosecution had relied on the evidence of five witnesses, including assistant police inspector Anil Koli, who conducted the investigations under the supervi- sion of senior inspector Ram Pathare and others for proving the guilt of the accused.
185 charge-sheeted so far
* The special court in Pune has registered 185 charge-sheets ever since the Protection of Children from Sexual Offences Act (PCSOA), 2012, came into force
* The court has delivered five judgments of acquittal till date
* The cases have resulted into acquittal as the minor girls have refused to depose against the accused
So much for fearless deposition of children.
* The Act has provisions to create a child-friendly atmosphere for recording the evidence so that minor girls can fearlessly depose against the accused at the time of trial. Obviously, they are not working very well and should be revisited.
The court sentenced Rajendra Bhima Asudeo, a resident of Dias plot slums in Gultekdi, to 10 years' rigorous imprisonment (RI) for committing an offence under section 6 (penetrative sexual assault) of the PCSOA.
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| Pune, India |
He will have to undergo an additional three-month RI for failing to deposit a fine of Rs 3,000. Asudeo was acquitted under sections 324 (voluntarily causing hurt) and 376 (2) (rape) of the IPC due to lack of evidence.
The judge issued an operative order of the sentence after hearing Asudeo on the point of sentence. The accused demanded that he be sentenced to death. However, the court informed him that the offences for which he was charged did not invite death penalty.
Special public prosecutor Pratap Jadhav said, on March 21, 2013, Asudeo took the girl to his place on finding her alone at her residence as her parents were away for work. The accused molested and attempted to rape the girl earlier as well.
Jadhav said Asudeo thrashed the girl with a stick and threatened to kill her if she disclosed the matter to her parents after she foiled his bid to sexually abuse her and ran out of the house.
According to Jadhav, the girl had said in her statement that Asudeo had molested her on "two to three" occasions earlier, but she did not reveal the incident to anyone out of fear. She later reported the incident to her mother to teach Asudeo a lesson, he added.
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| Luxury Hotel, Gultekdi, Pune |
The police had arrested him after receiving a complaint from the girl's mother. He was charged under the PCSOA after the agitated residents, mainly women of Dias Plot slum, demanded stringent action against him fearing that he would get out on bail if prosecuted for a lesser offence of molestation.
The residents had also thrashed him when he was produced before the special court by the police to seek his custody. However, he was rescued by the police.
The then judge Vinay G Joshi had recorded the girl's evidence in the presence of her parents as per section 28 of the PCSOA so that she could fearlessly depose against the accused. The judge had ensured that the girl did not see the accused. The prosecution and the defence counsel had routed the questions to the girl through the judge to create a child-friendly atmosphere. The court had also advised the defence not to ask aggressive questions to the child.
The prosecution had relied on the evidence of five witnesses, including assistant police inspector Anil Koli, who conducted the investigations under the supervi- sion of senior inspector Ram Pathare and others for proving the guilt of the accused.
185 charge-sheeted so far
* The special court in Pune has registered 185 charge-sheets ever since the Protection of Children from Sexual Offences Act (PCSOA), 2012, came into force
* The court has delivered five judgments of acquittal till date
* The cases have resulted into acquittal as the minor girls have refused to depose against the accused
So much for fearless deposition of children.
* The Act has provisions to create a child-friendly atmosphere for recording the evidence so that minor girls can fearlessly depose against the accused at the time of trial. Obviously, they are not working very well and should be revisited.
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