Thane: Man awarded seven years for sodomising boy
MUMBAI: A 26-year-old man from Bhiwandi was convicted and sentenced to seven years’ rigorous imprisonment for sodomising a 12-year-old neighbour. The accused was convicted by sessions judge S P Gondhalekar and also fined Rs3,000. Prosecutor Ujjwala Moholkar told court that on December 26, 2016, the accused called the victim to his house to watch TV .
He started touching him inappropriately and committed unnatural sex with the boy after switching off the light.
He warned the boy not to disclose anything to anyone and gave him Rs20 for buying a soft-drink.
The shocked boy rushed home and narrated the incident to his father, after which the parents questioned the accused and later filed a complaint.
The defence counsel pointed out several ‘flaws’ in the case but the judge pointed out, “...admittedly, the nature of the offence is serious as the offence is against minor boy. Special statute is enacted to prevent happening of any such offences and to safeguard minors from such acts committed on them. Therefore, leniency cannot be considered. At the same time, minimum punishment is provided under POCSO Act and no lesser sentence can be imposed”.
He warned the boy not to disclose anything to anyone and gave him Rs20 for buying a soft-drink.
The shocked boy rushed home and narrated the incident to his father, after which the parents questioned the accused and later filed a complaint.
The defence counsel pointed out several ‘flaws’ in the case but the judge pointed out, “...admittedly, the nature of the offence is serious as the offence is against minor boy. Special statute is enacted to prevent happening of any such offences and to safeguard minors from such acts committed on them. Therefore, leniency cannot be considered. At the same time, minimum punishment is provided under POCSO Act and no lesser sentence can be imposed”.
“Considering the totality of circumstances, the age of the accused and the fact that he is in jail since his arrest, the accused shall be sentenced to rigorous imprisonment for seven years,” Gondhalekar said.
The accused was held guilty of offences punishable under section 377 (unnatural offences) and provisions of Protection of Children from Sexual Offences (POCSO) Act.
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