Thane: A special POCSO court in Thane has sentenced a man to 10 years rigorous imprisonment for sexually assaulting a 13-year-old girl in 2021, observing the crime was “heinous” and deserved no leniency.

Though the DNA report of the accused did not match the victim’s foetus, it cannot be said that he did not sexually assault her, given sufficient oral and documentary evidence against him, Additional Sessions Judge DS Deshmukh said on Monday.

He pronounced the accused, Saddam Akkach Molla, guilty under various sections of the Indian Penal Code and the POCSO Act.

The court also imposed a fine of Rs 5,000 on the convict, directing that the amount, if recovered, be paid to the victim.

According to the prosecution, the incident occurred in May 2021. Molla, a resident of Kashimira in Maharashtra’s Thane district, intercepted the minor while she was on her way to tuition classes.

He lured her to his house on the pretext of needing help to write a letter in Hindi and sexually assaulted her.

The crime came to light in August 2021, when the victim complained of severe stomach pain and was subsequently found to be pregnant.

It also surfaced during the trial that the victim had been assaulted by two individuals in separate incidents, and the police registered two cases.

The defence argued for acquittal, pointing out that the DNA report of the accused did not match the foetus.

The judge, however, dismissed this contention, relying on the consistent testimony of the victim and medical evidence.

“The act of the accused is heinous. It has to be viewed seriously. Considering the submissions of both sides and the nature of the offence, the accused is not entitled for leniency,” the court said.

Though the DNA report of the accused did not match with the foetus, it can not be said that he has not sexually assaulted the victim, when there is sufficient oral and documentary evidence against him, it observed.

The victim has suffered severe mental trauma due to the sexual assault suffered by her twice by two different persons, the court noted.

Therefore, the accused cannot take advantage of the negative DNA report and he is liable to be punished, it said.

The court has recommended the case to the Thane District Legal Services Authority (DLSA) for awarding further compensation to the victim.

Special Public Prosecutors Sanjay Londhe and Sandhya H Mhatre examined six witnesses to prove the charges against the accused.