MUMBAI: A POCSO court today awarded life imprisonment to a 20-year-old man for raping his minor sister, despite the victim turning hostile.
The court of Additional Sessions Judge MA Baraliya convicted the man, based on evidence submitted by the prosecution and statements of witnesses.
According to the complaint registered at Wadala TT police station on March 18, 2014, the man had sexually assaulted his sister for the first time when she was 13.
He committed the crime on multiple occasions whenever he found the victim alone at home.
While deposing before the court, the victim said she had gone to the police station with one Manisha Patil (Parale), a social worker from her school.
She said that the police never made enquiries with her and made her sign on some papers.
These papers were the FIR copy and victim had recognised her signature when it was shown to her.
The victim, however, in the court, denied giving any statement that her brother had raped her.
Manisha Patil, the social worker who had helped the victim lodge a police complaint, told court that she was attached to Yuva Child Line Dadar, which works with minors and conducts sessions in schools to make children aware of good and bad touch.
During one such session on March 18, 2014 at the victim's school, she came to know about the harassment faced by the victim at the hands of her brother.
Patil further told court that after she introduced herself to the victim, the latter narrated her ordeal.
She told court that the victim's nod was sought when the latter was taken to file a police complaint.
The victim lodged a detailed complaint with Wadala TT police, which was recorded by a lady police officer in her presence, Patil had told court.
While deposing before the court, Dr Druva Patil, who had conducted the victim's medical examination, also said that the victim had narrated her ordeal to him.
Patil had told court that there was a possibility of sexual intercourse as per physical examination and other findings.
The court had also examined district judge Sanjayshri Gharat, who had recored the statement of the victim under section 164 of the CrPC.
He too told the court that the 15-year-old girl was brought before him by the activist of a children's helpline.
The victim's statement was recorded after verifying that she was giving her statement voluntarily and with a free state of mind, he told court.
Based on these evidence, the court found the 20-year-old man guilty under section 376 (2) (rape), 354 (assault or criminal force to woman) of the IPC and relevant sections of the Protection of Children from Sexual Offences Act.