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Mumbai: Man assaults girlfriend, gets two years in jail

The prosecution had said that the man, who was 22 years old when the incident took place, and the girl, then nearly 17 years old, used to reside in the same locality and were in a relationship.

The prosecution alleged that during the meeting, the youth started checking her phone claiming that she was cheating on him.

In a trial concluded in less than six months, a special Protection of Children From Sexual Offences (POCSO) court recently sentenced a 23-year-old man to two years of rigorous imprisonment for intentionally assaulting his 17-year-old girlfriend in a public place, as she wanted to end their relationship.

The prosecution had said that the man, who was 22 years old when the incident took place, and the girl, then nearly 17 years old, used to reside in the same locality and were in a relationship.

It claimed that when the girl came to know that the youth was in jail for a year, she started avoiding him and wanted to end the relationship. However, the man would constantly call her and send messages. When he insisted that they should meet for the last time, they had met in February.

The prosecution alleged that during the meeting, the youth started checking her phone claiming that she was cheating on him. He also slapped her and caught her by the neck. Thereafter, he allegedly assaulted her in the presence of her friends after she refused to be in a relationship.

The prosecution said that the youth forcefully took her towards a landmark in the city, where she managed to get herself free, took her cellphone from him and ran away. She then approached the police with her uncle.

Prosecutors V D More and Sureeta Singh, appearing for the Mumbai Police, told the court that the accused was a habitual offender and had two rape cases pending against him. In one of the cases, the victim had a child with the youth.

However, advocate Sunil Pande, appearing for the accused, said he was poor man who had a widowed mother and his future will be ruined if he is convicted.

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The court held that no girl will ever meet her boyfriend to get beat and assaulted in an open place like a footpath and bus stop, which are public places. It added that being hit on the face and her hair being pulled by a man amounts to causing insult so as to outrage her modesty. “Criminal force is used to cause the assault so that the public can also view. It is not a false case. The submission of defence that this all happens in love, is rejected, ” it added.

Special Judge Priti Kumar (Ghule) added, “In my view, the accused is already in love with other girls, who also lodged a complaint. The victim has decided to end contact with the accused, so he is violent and does not want to leave her. The accused is using criminal force on the victim.”

Observing that the youth treated girls in an abusive manner, the judge said, “If she refuses to keep the relationship, he will go to any extent.”

“If the act of the accused is taken liberally, it will not have deterrent effect on such couples and prevent him from committing more serious offences on women,” the court said while also imposing a fine of Rs 10,000 on the man.

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  • Maharashtra Mumbai POCSO Act
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