A sessions court in Junnar, Pune district, has sentenced a 29-year-old man to life imprisonment for the kidnapping and rape of a four-year-old girl, holding that medical and circumstantial evidence conclusively established his guilt.
A sessions court in Junnar, Pune district, has sentenced a 29-year-old man to life imprisonment for the kidnapping and rape of a four-year-old girl, holding that medical and circumstantial evidence conclusively established his guilt. (REPRESENTATIVE PIC)
In the order, which was delivered on December 29, and a copy was made available on Saturday, Additional Sessions Judge SB Shelar convicted Avinash Laxman Lagad and sentenced him to rigorous imprisonment for life, besides imposing a fine of ₹10,000. The case dates back to April 20, 2018.
According to the prosecution, the victim’s mother, a resident of Barav village and originally from Nepal, found her daughter missing while she was taking a bath. A search was launched by the mother and her cousin, following which the child was found coming out of a public toilet at the local market yard along with the accused.
The prosecution said Lagad lured the child with a mango and took her to the public toilet, where the offence was committed. After returning home, the child disclosed the assault to her mother, who also noticed physical signs of the crime.
The court noted that Lagad was charge-sheeted under sections 376(2)(j)(i), 363 and 366-A of the Indian Penal Code, and sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, for kidnapping the minor from lawful guardianship and committing rape, penetrative sexual assault and aggravated penetrative sexual assault.
The court recorded that the victim had initially told her mother that the accused made her lie on the floor and forcibly committed the act. Although the victim later turned hostile during the trial and denied the assault, the judge held that the prosecution’s case stood firm on the strength of other evidence.
The prosecution examined nine witnesses and relied on medical evidence, which the court found consistent with the allegations. The judge also placed reliance on the testimony of Vishwakarma, who saw the accused and the child together while they were leaving the public toilet.
“The prosecution has successfully proved that the accused committed rape on the minor victim without her consent and kidnapped her from lawful guardianship,” the court observed.
The defence, represented by advocate JA Kagadi, argued that the case was fabricated due to a rent dispute, as the accused was the son of the victim’s landlord. The court rejected this contention, holding that the chain of circumstances and medical reports corroborated the prosecution’s version and ruled out false implication.
Lagad was convicted under Indian Penal Code (IPC) sections 376(2)(j)(i) and 363, and under sections 4 and 6 of the POCSO Act. In addition to the life sentence for rape, the court sentenced him to seven years of rigorous imprisonment and a fine of ₹5,000 for the kidnapping offence.
While imposing the sentence, the court noted that the aggravating factors outweighed any mitigating circumstances, particularly considering the age of the victim. “The accused committed the offence in broad daylight in a public place by taking advantage of the victim’s tender age. The act has shaken the collective conscience of society and warrants an equivalent punishment,” the court said, adding that no leniency was warranted.
The court also directed that the case be referred to the District Legal Services Authority for determining appropriate compensation for the victim, observing that she belonged to a poor family and that no amount of money could restore the life and innocence lost due to the crime.