Nepalese man sentenced to 10 years RI for kidnapping and sexually assaulting Palghar girl in 2018

A court in Maharashtra’s Palghar district has sentenced a 34-year-old Nepalese man to 10 years of rigorous imprisonment for kidnapping a 13-year-old girl and subjecting her to aggravated penetrative sexual assault in 2018. The conviction came after a detailed trial involving multiple prosecution witnesses, including the victim herself. The accused, Narendrabahadur Gorakhbahadur Pande, was found guilty under Section 363 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act (POCSO). The court rejected the defense's claim that the relationship between the accused and the victim was based on mutual consent, emphasizing that the victim’s age rendered her consent legally invalid. Pande, originally from Nepal, lured the victim, a resident of Boisar in Palghar district, by calling her to Boisar railway station on June 20, 2018. He then transported her to his village in Nepal, where he detained her for approximately a month and subjected her to repeated sexual assaults. According to the prosecution, the victim had previously lived in the same neighborhood as Pande in Mumbai’s Borivali area before moving to Boisar. During the trial, the defense argued that the two had engaged in a consensual romantic relationship lasting over a year, during which they reportedly had physical contact. However, the court dismissed this argument, noting that the victim was a minor at the time of the alleged incidents. The court emphasized that the victim’s age was confirmed through multiple documents, including her school records and the statement of her father, who filed the First Information Report (FIR). The judge pointed out that the victim was likely in Class VIII in 2018, corresponding to the age of 13. The court also cited judicial precedents to reinforce its stance that the victim’s consent was irrelevant due to her minority status. “Her consent is immaterial for the purpose of law,” the judge stated, highlighting that the accused continued to engage in sexual activity with the victim despite being explicitly informed of her age. The case gained momentum after the victim’s father lodged a complaint with Boisar police. The authorities traced Pande to Haryana using mobile location data and eventually located him near the border in Uttarakhand, where the victim was rescued. The police, supported by the prosecution, presented testimony from seven witnesses, including the victim, to establish the sequence of events and the nature of the crimes committed. The court also ordered the submission of a proposal to the District Legal Services Authority in Thane for financial assistance to the victim under the Manodhairya Scheme, aimed at supporting survivors of sexual offenses. The sentencing included both prison terms and fines. Under Section 6 of the POCSO Act, Pande received a fine of ₹5,000 alongside a 10-year term of rigorous imprisonment. Additionally, he was sentenced to five years of simple imprisonment and a fine of ₹1,000 under Section 363 of the IPC, which pertains to the abduction of a minor. The court’s decision underscores the legal framework designed to protect children from exploitation and abuse, particularly in cases involving cross-border movements. The case highlights the challenges faced by law enforcement in tracking individuals who exploit minors, especially when the perpetrators operate across national borders. It also reflects the importance of corroborating evidence, such as school records and witness statements, in establishing the victim’s age and the legality of the accused’s actions. The conviction serves as a deterrent against similar crimes and reinforces the judiciary’s commitment to upholding the rights of vulnerable individuals.