The single judge bench of Justice Priya B. Bankar of the special court for protection of children from sexual offenses act, 2012, Bombay in the case of State of Maharashtra Vs Mohammad @ Zaid Gulamnabi Shaikh has sentenced a 23-year-old man to three years in jail for pulling the dupatta and holding hand of a minor girl with sexual intent.
BRIEF FACTS
The factual matrix of the case is that the Victim went close by to buy the household items. As she was walking, the accused pulled her dupatta and held her hand the entire time. The victim then yelled loudly, saying she would tell her father about it. She was then threatened by the accuser, who said, "Tere pappa ko ghar me ghuske marunga." The victim went back home and told her father about the incident. In order to accuse him of abusing him at the time, her father made a phone call. Therefore, the accused is the subject of the complaint. The charges framed against the accused for the offenses punishable under section 354, 506 of IPC and under Section 8 of POCSO Act.
The learned counsel appearing on behalf of the accused has submitted that the accused do not have any criminal antecedents and he is the only earning member in the family. Therefore, it was submitted to show leniency while awarding the sentence and minimum sentence be awarded.
The learned counsel appearing on behalf of the state has contended that in the society, incidents of this kind involving young victims are on the rise. Because they are afraid, the parents are not reporting the incident. Even in this case, the accused persisted in his behaviour and continued to sexually abuse the victim despite the victim's father's comprehension of the situation. It is proposed that the accused receive the worst punishment possible.
COURT’S OBSERVATION
The court held that there is increase in sexual offences against the child. There is very adverse impact of the incident on victim girl, on her family members and even on the society. They are under impression that house and nearby vicinity is not safe for children and it is going to cause the alarming situation in the society. Definitely, such type of incident causes terror in the mind of people, victim and her family members and leave scar for longer time. The court convicted the accused and sentenced a 23-year-old man to three years in jail for pulling the dupatta and holding hand of a minor girl with sexual intent.
CASE NAME- State of Maharashtra Vs Mohammad @ Zaid Gulamnabi Shaikh
CITATION- POCSO SPL. CASE NO. 214 OF 2018
CORUM- Justice Priya B. Bankar
DATE- 11.10.22
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