28-year-old gets 7yrs RI for raping minor girl in 2015

Thane: The Thane sessions court has sentenced a 28-year-old man to seven years for raping a minor girl in Mumbra in 2015.
Judge P P Jadhav, while convicting Shabbir Mulani, said that the victim was a minor and her consent is not a consent in the eyes of the law; hence the accused deserves to be punished.

Mulani was convicted under Sections 376 and 312 of the IPC and Section 4 of the Prevention Of Children from Sexual Offences Act (POCSO). He was also fined Rs 30,000.

The accused worked as a contractor and used to make cosmetic jewellery. He used to give jobs to women in the locality. Prosecutor Vivek G Kadu told the court that the victim who was residing in the neighbourhood visited the shop of the accused to collect material.

On May 20, 2015, Mulani called the victim, who was then 17-years-old, to the shop to pack some jewellery. When they were alone in the shop, Mulani raped her, the prosecution alleged.

He further said that two months later, the victim was admitted to a hospital, following an illness. At that time it was detected that she was two months pregnant.

The accused then gave her pregnancy termination pills and forced her to consume it. Till that time, the victim had not disclosed about her sexual assault to her parents as the accused had threatened her. But later she lodged a complaint with the Mumbra police station.

However, the defence rubbished all allegation and denied that he had done anything wrong with the victim.

After hearing both sides, the judge, in his order, said, “In the present case, the prosecution has proved beyond reasonable doubt that the victim was a minor. The victim being a minor, her consent is not a consent in the eyes of the law. It is pertinent to note here that the accused is a married man and has children.”

The judge added, “Despite this, he lured the victim into having a sexual relation with him. He forced himself upon her and committed sexual intercourse. He has even gone to the extent of causing a miscarriage. Under such circumstances the arguments of defence counsel are not acceptable.”

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