A Palghar court has sentenced a man to 20 years’ rigorous imprisonment for sexually assaulting a minor boy, rejecting the defence’s claim of improbability in a crowded locality and stressing that “bystander apathy” cannot undermine a victim’s testimony.
The accused then gagged the boy, dragged him to a room, tied his hands and sexually assaulted him. The boy later escaped, and despite threats and financial bribes from the accused, the victim informed his maternal aunt about the incident, following which an FIR was registered the same day. Special Judge A H Kashikar found the 41-year-old accused, Madhu Dharma Govari, a labourer from Vasai in Maharashtra’s Palghar district, guilty under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act .
Semen stains matched the accused to the victim’s clothing, which the court ruled as conclusive proof of assault, stating a minor’s consent is legally immaterial. The court directed the District Legal Services Authority (DLSA), Thane, to award further compensation to the victim as per rules. The victim, then aged 14, was feeding pigeons near his residence on December 12, 2020, when the accused, who was his neighbour, lured him to his terrace under the guise of showing him young pigeons, according to the prosecution.
The court rejected the defence’s argument that the assault was improbable in a dense neighbourhood, noting that “bystander apathy” is common in modern public spaces and does not discredit a victim’s testimony.
Minor procedural delays or investigative shortfalls do not undermine the case, as the victim’s credible testimony was thoroughly corroborated by circumstantial and forensic evidence, the court noted.
