MUMBAI: Calling it a “heinous” crime, the Bombay high court recently upheld the conviction of a man who sexually assaulted a nearly six-year-old child, on forensic evidence that matched the bite marks on the minor with the man’s teeth. The child could not identify him.
“It’s a very serious offence. The survivor was traumatised mentally and physically,” said Justice Sarang Kotwal, dismissing the accused’s appeal on August 4. A Pocso court had convicted him on July 7, 2017, under IPC and Pocso Act and sentenced him to 20 years RI.
On July 4, 2014, the girl was sent out to buy ‘paan’ and didn’t return. Police were informed and the next day they found her injured in hospital: her face was swollen and she was wearing someone else’s clothes. She told her father that she had been sexually assaulted.
During probe, the police learnt that the accused, who had committed other similar crimes, was missing from the area. Almost 13 days later, police traced and brought the accused back from another state. Under forensic odontology, his dental impression matched that of bite marks. He was arrested on July 31.
The minor said “one uncle” accosted her as she was going to the paan shop, snatched her money and took her to an overgrown plot. He threw away her clothes, beat her and sexually assaulted her. He tried to strangle her and threw her into water accumulated from the rain. In the morning, a woman passing by saw her shivering. She brought a blanket and clothes and took her to hospital.
The man’s advocate argued that the survivor had not identified him and the forensic expert’s opinion could not be the sole basis for conviction.
Justice Kotwal noted that the minor had said she did not see him as he had covered her face with his hands. “Considering the trauma the girl faced, it is understandable she was unable to identify the offender,” he reasoned.
“It’s a very serious offence. The survivor was traumatised mentally and physically,” said Justice Sarang Kotwal, dismissing the accused’s appeal on August 4. A Pocso court had convicted him on July 7, 2017, under IPC and Pocso Act and sentenced him to 20 years RI.
On July 4, 2014, the girl was sent out to buy ‘paan’ and didn’t return. Police were informed and the next day they found her injured in hospital: her face was swollen and she was wearing someone else’s clothes. She told her father that she had been sexually assaulted.
During probe, the police learnt that the accused, who had committed other similar crimes, was missing from the area. Almost 13 days later, police traced and brought the accused back from another state. Under forensic odontology, his dental impression matched that of bite marks. He was arrested on July 31.
The minor said “one uncle” accosted her as she was going to the paan shop, snatched her money and took her to an overgrown plot. He threw away her clothes, beat her and sexually assaulted her. He tried to strangle her and threw her into water accumulated from the rain. In the morning, a woman passing by saw her shivering. She brought a blanket and clothes and took her to hospital.
The man’s advocate argued that the survivor had not identified him and the forensic expert’s opinion could not be the sole basis for conviction.
Justice Kotwal noted that the minor had said she did not see him as he had covered her face with his hands. “Considering the trauma the girl faced, it is understandable she was unable to identify the offender,” he reasoned.