Mumbai: A special POCSO court has sentenced a 50-year-old contractor to five years’ rigorous imprisonment for aggravated sexual assault on a four-year-old girl in March 2025, rejecting his claim that kissing her was an act of affection.Noting that the girl had, during cross-examination, said that acquaintances would sometimes pick her up, toss her in the air, catch her, kiss her and return her to her mother, the court held that such conduct related to persons known to the child, whereas the accused was a stranger. Observing that the child’s testimony was reliable despite her age and the accused’s explanation “not believable and trustworthy”, the court held that the kiss could not be treated as an act of love or affection.Special judge Richa D Khedekar of the Fast Track Special Court held that the prosecution had proved aggravated sexual assault against a child below 12 years. The court also fined the accused Rs 10,000 and directed that, in default, he undergo simple imprisonment for two months, and awarded the girl Rs 5,000 compensation.The accused, in custody since his arrest on March 3, 2025, was granted set-off for time served.Imposing the minimum sentence, the court said sexual assault against a four-year-old child must be punished “at the initial stage” to prevent graver offences. “The punishment should be a message to the society for prevention of such acts by any person against any minor victim,” the judge said, while also noting the accused’s age, absence of past criminal record and the need to give him an opportunity for reformation.The incident occurred on March 3, 2025, when the girl was walking ahead of her mother towards a temple. The prosecution said the accused caught her, held her neck and hands, forcibly kissed her and bit her cheek and the rear of her neck, making her cry. Local residents caught him and handed him over to police.The chargesheet was filed on May 9, 2025, charges were framed on April 8, 2026, and evidence commenced the next day.The prosecution examined eight witnesses, including the girl, her mother, an eyewitness, a local resident who caught the accused, investigating officers and a medical officer.Relying on the eyewitness account and the child’s testimony, the court held that the evidence was “reliable and trustworthy”. The judge said the prosecution had proved that “the accused caught the victim who is below age of 12 years and committed sexual assault on her by kissing or biting her on her cheek and neck and improperly touching her”.The court noted that although the victim was a child witness, her evidence could not be discarded merely on that ground. It observed that while child witnesses may be vulnerable to tutoring or tampering, the victim’s age, the nature of her deposition and the supporting evidence made her testimony reliable.The defence denied the allegations and claimed false implication, alleging that the accused had done construction work at the informant’s house and was owed Rs 70,000 by her husband. It also challenged the prosecution case on the grounds of delay in recording witness statements, absence of a complete medical examination, alleged tutoring of the mother, and inconsistencies in the testimony.Rejecting the construction-dispute defence, the court said it had been raised for the first time in the accused’s final statement and was unsupported by any documentary or oral evidence. The court termed it “an afterthought defence” that could not be accepted.On the delay in recording statements, the court held that the accused could not benefit from lapses in investigation when the ocular evidence was otherwise credible.The court also rejected the contention that the absence of a medical examination weakened the prosecution case. It noted that the mother had not consented to the child’s medical examination, but held this was not fatal because the allegation concerned kissing and biting, and there was no allegation of penetration or injury.“The sexual intent of the accused while committing acts of sexual assault on the victim is proved by this presumption,” the judge said.
