Mumbai Man Sentenced To 10 Years In Jail For 'Only Attempting To Rape' A Minor

Justice HC Shende, Special (POCSO) court, refused to show leniency while sentencing an accused in Mumbai minor girl rape case. The accused had requested leniency in the sentence since he had only 'attempted to rape' a minor girl in the city's Aarey area.

In 2015, a labourer along with his friend attempted to rape a minor with an intellectual disability in the Aarey area, Mumbai. The case against the other accused was closed due to his death in custody. In a special court against the convicted, Judge HC Shende has convicted the accused of rape and granted him 10 years of imprisonment under the Protection of Children from Sexual Offences (POSCO) Act.

Mumbai Minor Girl Rape Case Verdict

Justice Shende while sentencing the accused said, "Even in ordinary criminal terminology, rape is a crime more heinous than murder as it destroys the very soul of a helpless woman," and added that the survivor of this case has an intellectual disability as well, knowing well about it all, the accused still attempted to rape her. "The gravity of the crime, therefore, is increased. This is a case where the crime had a deleterious effect on civilized society. Ordinarily, the offence of rape is grave in its nature. More so when the perpetrator of the crime committed against a minor survivor with intellectual disability," Justice Shende added.

The judge refused any leniency in the matter and sentenced him to 10 years of jail term and said that there is no need to consider even the poor financial background of the accused given the nature of the crime. "This is more applicable particularly when the offence involves allegations of sexual assault or rape on a minor, especially when the victim is an abnormal girl, easily trusting of the person whom she knows."

The court added, "The accused, by betraying the trust, has taken undue advantage of the intellectual disability of the survivor. In so far as my judicial conscience is concerned, I do not find any reason to go against the legislative mandate and show any leniency in awarding the punishment to the present accused," he said.

The minor's mother, a gardener, lives in Aarey with her children. According to the mother, the minor was not enrolled in school since she found it difficult to comprehend things quickly. Her mother filed a police complaint after the minor told her about the assault.

Reportedly, the mother noticed a difference in the girl's mannerisms and behaviour upon which she questioned her. The girl said that accused Nilesh Urade and the now-deceased accused Risha Hadal had both lured her to a nearby forest and sexually assaulted her. The minor also told her mother that it wasn't the first time that they had sexually assaulted her.

Realising the duo had been taking undue advantage of the minor's disability, the mother approached the police and lodged a complaint against Urade and Hadal. The girl also revealed in the court that the accused threatened her to prevent her from speaking about the assault.