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The accused contended that his wife was suffering from paralysis and could not move outside the house therefore, he would always remain present in the house
A Special Court in Mumbai has convicted a 64-Year-Old and sentenced him to 20 years of rigorous imprisonment for touching his private parts to the private parts of an 8-year-old girl while observing that sexual offences against children cause terror in the minds of people.
"The incident is going to affect the mental health and future of the minor victim girl and she will not in a position to forget it. Definitely, such type of incident causes terror in the mind of people and leave scar in the mind of victim for longer time," the special court observed.
The case relates to an FIR that came to be registered after the mother of the 8-year-old noticed the wet pants of child with a slimy substance on them. After inquiring, the child informed the mother that her 4-year-old friend's grandfather rubbed his penis on her private part and also applied a white substance to her private part. The accused was booked under Sections 376 (2)(1) of the India Penal Code and under Sections 6,10 and 12 of the Protection of Children From Sexual Offences Act, 2012
The accused had denied the happening of any such incident at his house with the minor victim girl and also denied that he was a neighbour of the complainant. He also denied that he resided in her neighbourhood at the relevant time.
Further, it was submitted that his wife was suffering from paralysis and could not move outside the house. Therefore, he would always remain present in the house and claimed that such type of incidents cannot take place in the presence of his wife, who always remains present in the house due to her paralytic condition.
The court however noted that the prosecution had proved that the said offence was committed by the 64-year-old.
The accused sought leniency for punishment on the grounds that he had no criminal antecedents and had to take care of his paralytic wife.
The special court however awarded 20 years of rigorous imprisonment while observing that child sexual abuse demonstrates the inhumane mindset of the accused.
"There is increase in the cases of sexual offences against the child. The child sexual abuse cases demonstrating the inhumane mind- set of the accused. The children are easy prey, due to their tender age, physical vulnerabilities and inexperience of life and society. 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," the bench recorded
Case title: State of Maharashtra vs Mohd. Idris Yaar Mohd. Shaikh
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