Bombay High Court upholds youth's conviction in sexual assault case of minor girl

Exposing a 9-10-year-old girl to social evils like sexual assault destroys the personality of the victim. The observation came when the high court on Thursday upheld the conviction and sentenced a 29-year-old in a sexual assault case.

Observing that "surviving such a heinous incident at such young age would leave a scar on her soul and thwart her growth as a woman," the court dismissed the accused's appeals, challenging the conviction handed down to him under various section of Prevention of Children from Sexual Offence Act and Indian Penal Code.

Justice Sadhana Jadhav upheld the seven years prison term of Vadivel alias Gundappa Chinnatambi Devendra, a resident of Vile Parle, who had kidnapped a minor girl living in his vicinity and sexually assault her. The court said, "The allegation levelled against the appellant is corroborated by the medical examination which substantiates that the appellant had attempted to ravish the minor girl. It is a heinous offence. The said incident was so traumatic that it would demean her femineity."

As per the prosecution, on January 31, 2013, the mother of the victim sent her out to buy washing powder. The accused, who was her neighbour, had whisked her to an empty rooftop, denuded her of clothes and attempted to ravish her. When she resisted, he sexually assaulted her and even threatened her at knifepoint not to disclose the same to anyone.

Upon return, the victim narrated the incident to her mother, who lodged a complaint with the police the next day. The perpetrator was identified and arrested. During the trial, the accused denied the charges and claimed that he was being wrongly framed.

However, the victim and her mother stood by their statements in court. The medical evidence of the victim also corroborated the prosecution case. Accordingly, the high court dismissed the appeal filed challenging the conviction of the trial court.