Mumbai: A 28-year-old man who acted as a foster father to his live-in partner’s 11-year-old daughter has been convicted and sentenced to 20 years of rigorous imprisonment for sexually assaulting the child in 2022. Noting the severe betrayal of trust, the special court heavily condemned the accused, noting that the minor affectionately called him “papa.”The accused originally from West Bengal, lived in a chawl in the western suburbs with the mother of the survivor. The mother, a domestic worker living separated from her husband, had been in a relationship with the accused for six years. The minor and a sibling resided with their grandparents. Just five days before the incident, the mother had brought the daughter to live with them.On the morning of July 3, 2022, after the mother left for work at 8 am, the accused and the minor were having tea. According to the prosecution, the accused approached the minor, slapped her upon facing resistance, and pushed the minor to the floor to commit the assault. The accused silenced the child by pressing a hand over the victim’s mouth—causing internal injuries—and promised a bribe of Rs 100 and new clothes once a salary was received before fleeing the house.When the mother returned at noon, the daughter was found crying and disclosed the ordeal. After confronting the accused on the phone, the mother immediately took the child to the police station. Medical examinations conducted later that night confirmed fresh injuries, corroborating the minor’s account.During the trial, the defence argued that the accused was framed due to a financial dispute. The defence claimed that the accused routinely handed over earnings to the mother, with whom a two-wheeler had been jointly purchased, and alleged this led to frequent quarrels. The defence also pointed to the absence of semen on the seized clothes and questioned why neighbouring residents did not rush to help if the child had screamed.The judge rejected the defence theories, observing that the television was playing at a high volume during the incident and that people generally refrain from interfering in the affairs of others. Addressing the lack of forensic evidence on the garments, the judge noted that the minor had changed clothes and passed urine before the medical examination took place hours later, which adequately explained the negative chemical analysis results.Dismissing the theory of false implication over money, the judge noted “The defence of the accused with respect to monetary transactions between him and the informant can not disprove the consistent and reliable evidence of victim and informant. The same is also corroborated by the medical evidence of the victim.”Upholding the sole evidence of the victim, the judge noted that it was of clear, convincing and reliable.” The court ordered him to pay fines totaling Rs 24,000, which will be awarded to the child as compensation.
