A special court in Maharashtra’s Thane district, on July 15, convicted 52-year-old Rameshsingh Vijaybahadur Singh for sexually assaulting an eight-year-old girl in 2018, sentencing him to the seven years and two months already served in jail. Special Judge D S Deshmukh, handling cases under the Protection of Children from Sexual Offences (POCSO) Act, imposed a Rs 1,000 fine but acquitted Singh of rape charges under section 376 of the Indian Penal Code (IPC) and sections 3 and 4 of the POCSO Act, citing insufficient evidence.

The case, filed at Kapurbawadi police station on August 4, 2018, relates to incidents between April 29 and May 6, 2018. Special Public Prosecutor Rekha Hivarale stated the accused assaulted the minor in a public toilet. The victim’s father lodged a complaint after his brother reportedly witnessed an assault attempt, and the victim reported multiple instances of abuse. Police gathered evidence, including clothes, the victim’s birth certificate, statements, medical reports, and Forensic Science Laboratory (FSL) findings.

The defense, led by advocate Sanjay Gaikwad, argued the victim’s testimony was inconsistent and lacked corroboration. They noted the absence of the eyewitness (the victim’s uncle) and pointed out that medical reports showed no injuries on the victim’s private parts, failing to support claims of penetrative assault. The court found that the victim’s statement to the prosecution only described the accused touching her private parts multiple times, without confirming penetration. Medical examinations of the accused showed abrasions but did not establish penetrative assault.

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The court ruled that while evidence substantiated sexual assault, it did not meet the criteria for rape or penetrative assault under the IPC and POCSO Act. Considering Singh’s age, family dependence, and time served since his May 6, 2018 arrest, the court deemed the imprisonment sufficient. The case has been referred to the District Legal Services Authority (DLSA), Thane, for victim compensation under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

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