Rajkot: A special Pocso court in Bhachau town of Kutch district sentenced a 29-year-old man, Shiva Koli (Parkara), to 20 years of rigorous imprisonment for aggravated penetrative sexual assault on a girl who has cognitive impairment. The verdict came within three months of the offence being registered.The victim’s testimony, which corroborated other evidence, led to the conviction and the court held that “cognitive impairment of the victim does not render her testimony unreliable”.The judgment, delivered by special judge (Pocso) Andleep Tiwari on Monday, found the accused guilty of offences under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (Pocso) Act, 2012.The FIR was lodged on Jan 6, 2026, at Rapar police station. The offence occurred on Jan 1, 2026, when the victim, then 15 years, five months and 25 days old, went missing from her home in Navapara.The victim’s mother, who was the complainant, found her daughter crying and distressed behind a petrol pump in some acacia bushes, with her leggings worn inside out. The victim, despite her mild cognitive impairment, later narrated to her mother that the accused, Shiva, had taken her there and committed a sexual act upon her. The victim’s younger brother testified to seeing the accused taking the victim towards the petrol pump.The special court relied heavily on the “sterling quality evidence” of the victim, whose testimony was found to be clear, cogent and consistent, despite her challenges in communication. “Although the victim had mild cognitive impairment and was speaking in broken language, she was conversant with the place and persons and was able to communicate what had happened with her. Further, the Pocso Act does not exclude the testimony of a victim with cognitive impairment,” the court noted.Addressing the defence’s arguments, including the victim’s mental health, the court held that “The cognitive impairment of the victim does not render her testimony unreliable or untrustworthy.” The court also noted that “It is true that the victim was suffering from mild cognitive impairment and was speaking in broken language. However, she was conversant with place and persons, she was able to answer the preliminary questions satisfactorily, she understood the import of speaking the truth and she was able to communicate what had happened with her and the manner in which the accused had committed the sexual assault.“The court also dismissed minor procedural lapses in the investigation, such as CCTV footage not being collected or the absence of forensic evidence due to the delay in sample collection, stating that these deficiencies cannot override the credible testimony of the victim.Sagar Bagmar, superintendent of police, Kutch (east), said, “We expediently gathered medical and other evidence, recorded the statements of the witnesses and filed a chargesheet before the trial court with all the evidence on Jan 18, within 12 days of the offence being registered.”The court convicted the accused under Bharatiya Nyaya Sanhita Sections 64 (2)(i)(k), 137 (2) and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act.The court directed the District Legal Services Authority, Kutch, to award a total compensation of Rs 5 lakh to the victim under the Gujarat Victim Compensation Scheme, 2019.
