Pune: A sessions court at Vadgaon Maval in the district has convicted and sentenced a painting worker (23) to 10 years of rigorous imprisonment for attempting to rape a 13-year-old girl on Nov 16, 2023, on the terrace of a building on Dehu Road.The police had invoked the more stringent charge of section 376 (3) of the amended Indian Penal Code that provided for a maximum jail term of 20 years in the case for an offence of rape.However, additional sessions judge DK Anbhule referred to deposition by the witnesses, medical and investigation papers on record, and observed that the rape theory was neither supported by the survivor and her mother’s statements nor by the forensic expert’s (chemical analysis) report and medical evidence.“No where it is stated that the assailant committed forceful sexual intercourse with victim against her will,” the judge noted while referring to the survivor and her mother’s depositions that the accused forcefully took the girl to the terrace and tried to abuse her physically.The court upheld the attempt to rape theory and convicted the accused for offence under section 511 read with 376 (3), which refers to attempt to rape.According to additional public prosecutor, the girl had gone to fetch water when the accused forcefully sexually assaulted her. She alerted her parents after she managed to escape. The accused, who lived in the neighbourhood, was identified and handed over to police.The court held that while the prosecution proved the assault, the evidence on record, including the forensic (chemical analysis) report and medical findings, did not support the allegation of rape. The accused is in custody since 17/11/2023 and set off was provided to him for the period for which he was in custody.
