Thane, February 25 A special POCSO court in Thane has sentenced a man to 10 years of rigorous imprisonment for sexually assaulting a 13-year-old girl in 2021, stating that the crime was "heinous" and deserved no leniency.
Although the accused's DNA report did not match the victim's fetus, Additional Sessions Judge DS Deshmukh said on Monday that, given the sufficient oral and documentary evidence against him, it cannot be said that he did not sexually assault her.
He pronounced the accused, Saddam Akkach Molla, guilty under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
The court also imposed a fine of Rs 5,000 on the convict, directing that the amount, if recovered, be paid to the victim.
According to the prosecution, the incident occurred in May 2021. Molla, a resident of Kashimira in Maharashtra's Thane district, intercepted the minor while she was on her way to tuition classes.
He lured her to his house under the pretext of needing help to write a letter in Hindi and sexually assaulted her.
The crime came to light in August 2021, when the victim complained of severe stomach pain and was subsequently found to be pregnant.
It also emerged during the trial that the victim had been assaulted by two individuals in separate incidents, and the police registered two cases.
The defense argued for acquittal, pointing out that the accused's DNA report did not match the fetus.
However, the judge dismissed this contention, relying on the consistent testimony of the victim and medical evidence.
"The accused's actions were heinous. They must be taken seriously. Considering the arguments of both sides and the nature of the offense, the accused is not entitled to leniency," the court said.
Although the accused's DNA report did not match the fetus, it cannot be said that he did not sexually assault the victim, when there is sufficient oral and documentary evidence against him, it observed.
The victim has suffered severe mental trauma due to the sexual assault suffered by her twice by two different persons, the court noted.
Therefore, the accused cannot take advantage of the negative DNA report and he is liable to be punished, it said.
The court has recommended the case to the Thane District Legal Services Authority (DLSA) for awarding further compensation to the victim.
Special Public Prosecutors Sanjay Londhe and Sandhya H Mhatre examined six witnesses to prove the charges against the accused.