Pune Court Sentences Man to 10 Years in POCSO Case

A special POCSO court in Pimpri-Chinchwad has sentenced a 33-year-old labourer to 10 years of rigorous imprisonment for attempting to rape a 12-year-old girl in 2020. The court also imposed a ₹25,000 fine and found the prosecution's evidence, including the victim's testimony and supporting records, convincing. The court further recommended that the victim be considered for compensation under the applicable legal provisions.

POCSO court in Pimpri-Chinchwad

Pune: A special POCSO court in Pimpri-Chinchwad sentenced Mohan Chinappa, also known as Kenchappa Kurhade, to 10 years of rigorous imprisonment for the attempted rape of a 12-year-old girl. Presiding Special Judge S. S. Nair found the 33-year-old laborer guilty under Sections 4 and 18 of the Protection of Children from Sexual Offences (POCSO) Act. Along with the prison term, the court levied a ₹25,000 fine, specifying that failure to pay will result in an extra year of rigorous imprisonment. The judge directed that the time Kurhade has served in judicial custody since his arrest on August 13, 2020, will be deducted from his overall sentence.

The conviction stems from an event on the night of August 12, 2020. The victim was returning home after finding a local dairy shop closed when Kurhade intercepted her, pulled her into a tin shed, gagged her, and physically assaulted her. He also threatened her mother's life while trying to disrobe her. The girl's cries alerted her maternal uncle, who hurried to the scene. Nearby residents detained Kurhade at the site and turned him over to the Nigdi police.

During legal proceedings, the defense argued that Kurhade was framed, but the court dismissed this claim, finding the survivor's testimony credible and consistent. Her account was reinforced by statements from her mother and uncle, along with medical records and investigative documentation. Additionally, the judge noted that the accused failed to offer a plausible explanation for the injuries on his person or his presence at the location where locals restrained him.

Judge Nair emphasized that the prosecution successfully met the threshold to trigger the statutory presumption of guilt under the POCSO Act. Consequently, the burden of proof shifted to the defense, which failed to produce evidence or testimony to counter the charge. The court remarked that simply offering suggestions during witness cross-examinations was insufficient to rebut this legal presumption.

In determining the penalty, the court pointed to the gravity of the crime and the minor's age, mandating the 10-year term for attempted sexual assault under Section 18. Judge Nair commended Special Public Prosecutor P. S. Agarwal for securing the victim's official birth records to confirm her age, and advised the District Legal Services Authority to evaluate the survivor for financial compensation under existing schemes.

 

 

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