HC upholds life term for 50-year-old man for raping 5 minor girls

MUMBAI: The Bombay high court has upheld the life term handed down to a 50-year-old agriculturist from Pelhar area of Palghar district for sexually assaulting five girls aged between 8 and 13 years for around two years.

According to the prosecution, the incident came to light in 2013 when a witness spotted the accused raping one of the girls and alerted her mother. The subsequent investigation revealed that he had been sexually assaulting the five girls for a prolonged period.

Based on a complaint lodged by the mother of one of the girls, an FIR was registered at the Valiv police station against the accused under relevant sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012.

The accused was prosecuted and on March 29, 2014, an additional sessions judge at Vasai convicted him for raping the five girls and sentenced him to life imprisonment. He then appealed before the high court, challenging his conviction on various grounds.

The division bench of justices Revati Mohite Dere and Prithviraj Chavan on Wednesday dismissed his appeal, observing that the evidence on record duly proved the charges levelled against him.

“Not only the evidence of the survivors inspires confidence, but the same stands duly corroborated by the medical evidence and the evidence of PW6 who had witnessed the incident of sexual assault,” said the bench while upholding his conviction and life term handed down to him.

“All the survivors were minors, between the age group of 8 to 13 years. Under section 29 of the POCSO Act, there is a presumption. The said presumption has not been rebutted by the appellant,” the court noted.