Case involving the sexual exploitation of six minor girls by a tantric/baba: Re-imposing a Sentence of Imprisonment for Life: Upholding Justice for Multiple Sexual Assaults on Minors. Ensuring justice is served for the heinous acts committed, a life sentence is deemed appropriate in this case.


CASE NOTE & SUMMARY

Case involving the sexual exploitation of six minor girls by a tantric/baba who had promised to cure their mothers' daughters of a defect that would result in intellectually challenged male children. The case was investigated, and the accused was convicted of various offenses under the Indian Penal Code, including sexual assault, rape, and other charges.

The prosecution's case was that the accused had gained the confidence of the mothers of the girls by promising to cure them of their defect, and then sexually assaulted the girls. The accused had also made them undergo abortion and threatened them not to disclose the incidents.

The accused's defense was that he was falsely implicated in the case, and that there were several inconsistencies and contradictions in the evidence of the prosecution witnesses. The accused's counsel argued that it was improbable that no complaint would be made by the victims or their families during the 5-6 years of alleged sexual assault, and that the victims failed to disclose the incidents to anyone, including their families or friends.

The counsel also argued that the prosecution's evidence was incomplete and that some of the statements recorded by the police were not produced on record. He also pointed out that the victims' conduct was unusual, as they did not disclose the incidents to anyone, including their parents or friends.

The court ultimately convicted the accused of various offenses and sentenced him to imprisonment for life. However, the court did not award the sentence as per Section 376 of the Indian Penal Code, which provides for imprisonment for life or imprisonment for a term which may extend to 7 years. Instead, the court awarded a sentence of imprisonment for life, meaning imprisonment for the remainder of his life.

The court also directed that some of the recovered valuables be returned to the victims, and that compensation be awarded to each of them from the amount deposited in a fixed deposit account.

In this case, it is important to note that sexual exploitation is a serious offense that can have severe consequences for the victims. It is also important to ensure that those who are accused of such offenses are given a fair trial and that their rights are protected.

Citation: 2024 LawText (BOM) (1) 1

Case Number: CRIMINAL APPEAL NO.365 OF 2016

Date of Decision: 2024-01-22

Case Title: Mehandi Kasim Jenul Abidin Shaikh VS The State of Maharashtra

Before Judge: REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

Advocate(s): Mr. Kartik Garg, Advocate Appointed a/w Ms. Aashka Shell, for the Appellant. Mr. V. B. Konde-Deshmukh, Addl.P.P for the Respondent – State. Mr. Sumant R. Deshpande, for the Original Complainant.

Appellant: Mehandi Kasim Jenul Abidin Shaikh

Respondent: The State of Maharashtra