Summary: Kalim Shaikh, found guilty under the POCSO Act and Indian Penal Code, had his appeal rejected by the Bombay High Court. The court confirmed his five-year sentence for the sexual assault of a minor.
Kalim Attarli Shaikh, living in Govandi, Mumbai, was found guilty under Section 354 of the Indian Penal Code (IPC) and Section 10 of the Protection of Children from Sexual Offences (POCSO) Act. The case goes back to 2013 when Shaikh was accused of assaulting a 5-year-old girl.
On July 28, 2013, while the victim's mother, Mrs. R, was at work, her daughter was playing outside. Shaikh allegedly enticed the child into his room by promising her an orange. Once inside, he sent the child's friend away and committed the assault.
"He picked me up, took off my shorts, and kissed me," the victim reportedly said.
The police quickly looked into the matter, taking statements and performing medical checks. Shaikh was arrested, and the trial court eventually found him guilty based on what the victim, her family, and the medical evidence said.
Shaikh's defense argued that the witnesses' stories didn't match up perfectly and said no other witnesses could confirm the incident. He also claimed he was falsely accused for money.
However, the prosecution pointed out that the victim's story was consistent and the report was filed quickly, supporting the victim's claims.
The court, led by Judge Shyam C. Chandak, noted that even though there were some small differences in the stories, the evidence was enough to keep Shaikh's conviction. The judge mentioned the victim's fear when identifying Shaikh and the evidence that linked him to the crime.
"The behavior of the victim and her mother showed they were under stress, but the evidence showed Shaikh was guilty," said Judge Chandak.
The appeal was rejected, confirming Shaikh's sentence. The court stressed the importance of protecting children and making sure justice is done in such sensitive cases.
