A repeat offender was Monday sentenced to 10 years in jail by a POCSO court here for raping an eight-year-old girl in suburban Vakola area here in 2013.
Aiyaz Ansari (38) was found guilty under section 376 (rape), 363 (kidnapping) and 506 (criminal intimidation) of the Indian Penal Code as well as relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act by Additional Sessions Judge B V Kale.
The judge also fined him Rs 65,000, additional public prosecutor Rakesh Tiwari said.
As per the prosecution, the incident took place on October 14, 2013, in Vakola when the girl was returning her home from school.
Ansari introduced himself to the victim as her father’s friend and took her to a secluded place where he raped her.
During the course of trial, the prosecution examined six witnesses, Tiwari said.
Ansari is a serial offender and has targeted several schoolgirls using the same modus operandi and has about seven POCSO cases registered against his name in police stations here, the additional public prosecutor said.
A special POCSO court here has acquitted a man accused of abducting and raping a minor girl in 2013, observing the prosecution failed to prove charges against him and that the victim is happily married to him.
Additional sessions and special judge A S Bhaisare, in a recent order, said the prosecution failed to prove the charges against the accused under IPC sections 363 (kidnapping), 376 (rape) and 366 (abducting or inducing woman to compel her marriage).
The judge observed that from the cross examination of the victim, it was evident she is “married to the accused and is happy with him.”
The court also said the prosecution failed to prove charges under the Protection of Children from Sexual Offences (POCSO) Act.
The prosecution in its submission told the court that on January 17, 2013, the accused (then aged 22), a resident of Wada taluka in the neighbouring Palghar district, had allegedly kidnapped the victim, who was 17-year-old then, and raped her.
During the course of investigation by the police, both the accused and the victim were found to be living together.
Later, a charge sheet was submitted in the special court, the prosecution said.
The judge noted that the victim, after her class 10 examinations in January 2013, went to a village in Wada from where she and the accused moved to Tilsa village and got married.
“From her cross-examination, it can be gathered that the accused did not pressurise her. He had not kidnapped her and had not established sexual relations against her consent. She has a son from the accused and she is happy in the house of the accused,” the judge said.
“From the entire evidence on record, it cannot be gathered that the accused had incited her and kidnapped her for the purpose of illegal sexual intercourse or for the purpose of marriage. However, they both were in love with each other. She was studying in 10th standard and had attended the age of her discretion. She was knowing the consequences of her own act,” he observed.
“At present, according to victim, she is happy.Therefore, it cannot be said that the accused had kidnapped and raped her. Consequently, it can safely be said that the prosecution failed to prove the alleged offence against the accused,” the judge said while acquitting the man.
Former UP minister Gayatri Prajapati and two of his alleged accomplices were today granted bail by a POCSO court here in connection with a rape case.
Special judge of a Protection of Children from Sexual Offences (POCSO) court Om Prakash Mishra granted bail to Prajapati, Vikas Verma and Amrendra Singh alias Mintu.
The court asked Prajapati to furnish two sureties of Rs 1 lakh each and a personal bond of the same amount.
An FIR was registered against Prajapati and six others on February 17 on a directive of the Supreme Court.
After being on the run for nearly a month, Prajapati (49) was arrested from Aashiyana area here on March 15 and sent to jail for allegedly raping a woman and attempting to rape her minor daughter in 2014.
The six others had been arrested earlier.
Prajapati had approached the Supreme Court to get a stay on his arrest but the top court asked him to approach the court concerned.
At the time of his arrest, Prajapati had claimed that he was innocent and alleged the charges were a conspiracy to malign him.
The former minister had said that he was prepared for a Narco test to bring out the truth and also demanded that similar test on the minor victim.
In the just-concluded Assembly elections in Uttar Pradesh, Prajapati lost his Amethi seat to the BJP.
The allegations against Prajapati were raked by the BJP during the elections to attack the then Akhilesh Yadav led government.