Mumbai: A special court has convicted and sentenced a 37-year-old driver to three years of rigorous imprisonment for trespassing into a 17-year-old neighbour’s home and molesting her a decade ago. The girl’s pet dog attacked him and chased him away, saving her from further harm.“The offence is undoubtedly serious in nature, as it affects the bodily integrity and the psychological well-being of a minor,” special judge R J Pawar observed on Thursday.The judge observed that the act attributed to the accused is not a casual or accidental touch but is a deliberate physical act directed towards a private part of the victim. “Touching the breast, without her consent, is undoubtedly an affront to her dignity and modesty and squarely amounts to the use of criminal force with the intent to outrage her modesty,” the judge said.The accused had been released on bail.Special public prosecutor Geeta Sharma established that on Nov 11, 2016, when the teen was alone at home and on the mezzanine floor, the accused trespassed into the premises. In her deposition, the girl gave details of how her pet dog barked and attacked the accused after she was molested, forcing him to flee. She remained consistent in her identification of the accused, who lived in the same lane.The accused argued that the case was a result of false implication following a failed extortion attempt by the victim’s father. The court found no evidence to support such a claim.In the judgment, the judge noted the reliability of the victim’s deposition, noting that minor variations in her narration did not diminish the credibility of the core allegations.The judge also imposed a fine of Rs 6,000 on the convict. The judge acknowledged mitigating factors, such as the accused’s lack of prior criminal record and his status as his family’s sole breadwinner, but remained firm on the need for accountability. The court directed that the matter be referred to District Legal Services Authority to provide compensation to the victim.
