Thane: A 57-year-old taxi driver was convicted for procuring a minor girl but acquitted of rape and aggravated sexual assault charges by the Additional Sessions Court in a case that kept him in custody for nearly four years.The court sentenced the man to the period already undergone in jail and imposed a fine of Rs 5,000, ruling that while he lured and took away an 11-year-old child with wrongful intent, the prosecution failed to prove the more serious charges of penetrative sexual assault.According to prosecutor Rekha Hiwrale, the incident occurred on January 3, 2022, when the child was playing outside her Mumbra building with friends. The prosecution stated that the man enticed the children with chocolates and ice cream, took them for a ride in his taxi, dropped the other children near a mosque, but continued with the girl to isolated Khardi village.Additional Sessions Judge DS Deshmukh found the charge of procuring a minor under Section 366-A of the Indian Penal Code proved beyond doubt. The evidence established that the accused deliberately separated the child from her friends and took her to a remote location with intent to seduce her for illicit purposes.However, the court acquitted him of rape charges after finding critical gaps in evidence. The medical examination conducted just one day after the alleged incident showed no fresh injuries. The doctor found only old, healed hymenal tears sustained more than 48 hours before examination, contradicting the prosecution’s timeline.The judge noted that the child did not immediately report any assault to her mother at the police station or to her grandmother that evening. The disclosure came only the next day to a family friend. During cross-examination, the child admitted deposing in court based on what her mother and advocate told her, raising concerns about coaching.Forensic analysis of seized clothes, nail clippings, and swabs revealed no semen or biological evidence linking the accused to penetrative assault. Public Prosecutor argued for conviction citing Supreme Court precedents on child witnesses, but the defence successfully highlighted contradictions and missing evidence.
