‘Bystander apathy’ cannot discredit victim: Palghar court in minor assault case
A Palghar court has sentenced a 41-year-old man to 20 years of rigorous imprisonment for sexually assaulting a 14-year-old boy, rejecting the defence’s argument that the crime was unlikely to have taken place in a densely populated neighbourhood.
Special Judge A H Kashikar convicted Madhu Dharma Govari, a labourer from Vasai in Maharashtra’s Palghar district, under the Protection of Children from Sexual Offences (POCSO) Act and relevant provisions of the Indian Penal Code.
According to the prosecution, the incident took place on December 12, 2020, when the victim was feeding pigeons near his home. Govari, who lived nearby, allegedly lured the boy to a terrace by offering to show him young pigeons. The prosecution said the accused then gagged the boy, took him into a room, tied his hands and sexually assaulted him.
The boy managed to escape and later told his maternal aunt about the incident despite alleged threats and attempts by the accused to offer him money. An FIR was registered the same day.
The defence argued that the alleged assault was improbable because the area was densely populated. The court rejected the argument, observing that “bystander apathy” in crowded public spaces cannot be used to discredit a victim’s testimony.
The court also rejected the accused’s alibi, noting that evidence established that both the victim and Govari were together on the terrace. Forensic evidence further corroborated the prosecution case, with semen stains found on the victim’s clothing matching the accused, the court said.
The judge held that the minor’s consent was legally irrelevant and that the victim’s testimony was credible and supported by circumstantial and forensic evidence. The court also observed that procedural lapses or minor investigative shortcomings did not weaken the prosecution case.
Govari was sentenced to 20 years’ rigorous imprisonment under the POCSO Act and 10 years under Section 377 of the IPC, with both sentences to run concurrently. He was also fined Rs 30,000, which the court directed to be given to the victim for rehabilitation.
The court further directed the District Legal Services Authority in Thane to provide additional compensation to the victim according to applicable rules.
with inputs from PTI
