A Special POCSO (Protection of Children from Sexual Offences) Act court in Thane, presided over by Judge D. S. Deshmukh, has convicted a 40-year-old watchman for raping a 65-year-old mentally challenged woman. The accused has been sentenced to 10 years of rigorous imprisonment for the crime.
While delivering the judgment, the court stated that the accused had committed a serious offence against a mentally unstable elderly woman, whose mental age was determined to be just 80 months (approximately 6 years and 8 months old) as per medical reports. The court also found the accused guilty of outraging the modesty of a woman and trespassing.
While convicting the accused, the court upheld the prosecution’s argument that despite the victim’s biological age being 65 years, her mental age, as per medical records, was that of a child. Since her mental age was below 18 years, the court ruled that provisions of the POCSO Act were applicable in the case.
The prosecution further argued that the accused, who worked as a security guard in the society, exploited the victim’s vulnerable condition. He entered her house under the pretext of asking for water when she was alone. As she went to fetch water, the accused caught hold of her and raped her, leaving her traumatized.
Although the victim later passed away and was unable to testify in court, the judge ruled that her non-examination did not weaken the prosecution’s case. The victim had narrated the incident to her brother, whose testimony provided clear evidence of the crime. The court remarked, “The accused has committed a heinous act against a mentally ill woman.”
The case dates back to December 2021, when the accused, Mohammad Guddu alias Dilkash Mohd. Habibulla Shaikh, a native of Bihar residing in Bhiwandi, raped the victim in her own home. The victim lived with her brother, and the accused was employed as a security guard in the same society.
On the day of the incident, the victim was alone at home as her brother was at work. The accused knocked on her door, pretending to ask for water. As she opened the door to hand him water, he forcefully pushed his way inside and raped her.
The prosecution presented CCTV footage that captured the accused forcibly entering the victim’s house, further strengthening the case against him.
