Special judge (POCSO court) Kavita D Shirbhate in her order last Wednesday imposed seven years' rigorous imprisonment and a fine of Rs 20,000 on Janardhan Kapse
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A 55-year-old man was awarded seven years' of rigorous imprisonment for sexually abusing a minor girl in 2017. A court in Thane also charged a fine of Rs 20,000 on the accused.
Special judge (POCSO court) Kavita D Shirbhate in her order last Wednesday imposed seven years' rigorous imprisonment and a fine of Rs 20,000 on Janardhan Kapse. According to the prosecution, on December 13, 2017, the accused called the girl, then aged five years, to his house here on the pretext of giving her chocolate and sexually abused her.
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She later complained of severe pain in her private parts and informed about the incident to her mother, who lodged a police complaint after a few days, following which the Kapse was arrested.
The judge in her order said the prosecution proved the charges against the accused under Indian Penal Code sections 375-C (manipulating any part of woman's body so as to cause vaginal penetration) and 354-A (sexual harassment), and provisions of the Protection of Children from Sexual Offences (POCSO) Act.
"There is nothing on record to create doubt on the prosecution witnesses, particularly the victim," Shirbhate observed. She also countered the defense's argument about the delay by the girl's mother in lodging a complaint.
The judge said even if there is some delay in registering the FIR in a rape case, if it is properly explained and the explanation is natural in facts and circumstances of the case, such delay will not matter. She said the victim's mother contended in her FIR that she approached the police after informing her husband and neighbours about the incident.
She also indicated to other parents in their housing society to take care of their children before lodging the complaint, the judge said.
"This conduct of the victim's mother is probable and natural. Therefore, I do not find any abnormality in lodging the FIR four days after getting to know about the incident," the judge said while pronouncing the punishment.
(With inputs from PTI)
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