Mumbai Crime News: Kandivali Security Guard Molests 10-Year-Old In Society Lift; Session Court Awards 5 Year Imprisonment & ₹2000 Fine
Mumbai: The Dindoshi sessions court sentenced a 30-year-old man, employed as a security guard, to five years of imprisonment for molesting a young girl in a lift within a society in Kandivali on April 30. The event occurred on November 6, 2020, after which he was apprehended. The girl was 10 years old back then.
Additional sessions judge Ashwini D Lokhande (Borivli Division), Dindoshi, delivered the ruling indicating that there was sufficient evidence to convict the accused as per the prosecution's case. The court stated that the penalty corresponds to the offence.
The defendant has been found guilty under Section 235(2) of the Code of Criminal Procedure for crimes punishable under Sections 354(A) of the Indian Penal Code and Sections 9 and 10 of the POCSO Act. The court sentenced the accused to five years of strict imprisonment and imposed a fine of Rs 2000.
The girl, whose guardians live in Surat, stays with her aunt. As per the victim's account, the ‘watchman uncle’ inappropriately touched her head and back. He additionally embraced her and gave her kisses on the cheeks. After the victim disclosed her experience to her aunt, they went to the Kandivali police station to file a report, leading to the arrest of the accused, who has been incarcerated for over four years since November 2020.
Wishing for the harshest penalty for the defendant, assistant public prosecutor Geeta Malankar informed the court that the defendant, whose role was to protect, violated the trust placed in him. The prosecutor additionally provided the audio evidence of the event along with statements from four witnesses gathered by the police.
Nevertheless, the defense attorney, aiming for an acquittal, claimed that he has been misidentified and set up. The defense lawyer stated that the security guard had been employed in the community for more than three years without any complaints filed against him. The lawyer also informed the court that his family relied on him since he is the only provider and requested a more lenient punishment for the accused.
Additional sessions judge Ashwini D Lokhande (Borivli Division), Dindoshi, passed the judgment stating that they had enough proof to convict the accused based on the evidence presented by the prosecution. The court said that the punishment fits the crime.
The accused has been convicted under Section 235(2) of the Code of Criminal Procedure for the offences punishable under Sections 354(A) of the Indian Penal Code and Sections 9 and 10 of the POCSO Act. The court ordered rigorous imprisonment for five years and a fine of Rs 2000.
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