10 July,2025 06:04 PM IST | Mumbai | mid-day online correspondent
File pic.
A special court in Thane, Maharashtra, has convicted a man on charges of sexually assaulting and harassing a seven-year-old girl in 2019, but acquitted him of the rape and unnatural sex charges, citing a lack of evidence, reported news agency PTI.
Meanwhile, 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.
Moreover, the prosecution stated that the incident occurred on August 28, 2019, following which the victim's mother lodged a complaint at the Chitalsar police station in Thane. She alleged that Shinde lured her daughter into his home and engaged in sexual acts with her while she (the mother) was away at work, according to PTI.
However, special Public Prosecutor Rekha Hiwrale said that the victim later told her mother that Shinde, the accused, had dragged her into his house, luring her with chocolate. After that, he removed their clothes and engaged in obscene acts with her.
The prosecution presented four witnesses, including the victim and her mother.
Further, the court had noted that the victim stated the accused tried to commit unnatural sex with her. However, the court relied on the medical evidence, which found no external injury on the girl's private parts. The doctor also admitted during cross-examination that injury marks, such as redness, would be present in the case of penile penetration.
The court further stated, "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."
Nevertheless, the court found sufficient evidence to prove the charges of sexual assault and harassment of the girl by the accused.
According to PTI, the victim stated in her evidence that while she was playing outside the house, the accused called her, dragged her into his house, closed the door, removed her clothes and his own before engaging in sexual acts with her.
The court dismissed the accused person's defence of false implication due to a prior quarrel with the victim's family.
The court commented, "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."
Furthermore, the accused, 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, which amounts to over five years, and fined Rs 1,000.
The court also recommended compensation for the victim from the District Legal Services Authority in Thane.
(With inputs from PTI)
