3-year jail to 79-year-old man in Pocso case (Representaive image)

MUMBAI: Observing that the child only accompanied him because she trusted him as a grandfather, a special court convicted and sentenced a 79-year-old man to three years of simple imprisonment for sexually assaulting a 10-year-old girl in 2019. The court found the accused guilty of luring a neighbour’s daughter into his home and kissing her. Special judge S V Sahare clarified the legal requirements for conviction under the Protection of Children from Sexual Offences (Pocso) Act, stating, “Touch with sexual intent is necessarily proved by the prosecution. The offence under the said section also covers physical contact with the child.”The incident occurred on June 13, 2019, when the child was playing near a temple during her school vacation. The accused called her to his residence under the pretext of offering her wafers and a cold drink. Once inside, he pushed the door shut and kissed the girl on her lips. The child immediately fled home and informed her mother, a flower seller, who then confronted the accused with the help of local residents before alerting the police.

During the trial, the defence argued that the accused had been falsely implicated and pointed to CCTV footage from the house—provided by his daughter-in-law— which they claimed showed no such incident. However, the court found the oral testimony of the child to be “heavily reliable” and noted that the absence of footage did not disprove the crime, suggesting the possibility of tampering before the device was handed over to the investigators. The court also observed that the accused specifically targeted a minor girl while other children were playing nearby, indicating sexual intent.While convicting the accused for sexual assault, the court acquitted him of the charge of outraging modesty under the Indian Penal Code, reasoning that the specific elements of criminal force required for that section were not distinct from the sexual assault already established. Regarding the final sentence, the judge observed, “The accused was aged about 74 years at the time of filing of the charge sheet. Considering his advanced age, the court deems it appropriate to award simple imprisonment instead of rigorous imprisonment.“In addition to the three-year prison term, the accused was ordered to pay a fine of Rs 5,000. Out of this amount, Rs 3,000 of that amount was directed to be paid to the child as compensation.