The victim recorded her conversation with the molester to gather evidence
Ahmedabad: A special Pocso court at the city sessions court on Wednesday convicted an 82-year-old autorickshaw driver for molesting a 16-year-old girl and sentenced him to three years’ imprisonment.
However, the girl immediately told her father about the incident, after which she filed a complaint at Vatva police station. Appreciating the victim, the court said, “Her decision to record the conversation, despite the emotional turmoil she was undergoing, reflects her courage and determination to take action rather than remain helpless in the aftermath of the incident. The court praised the minor for her courage and presence of mind as she recorded a phone conversation with the driver, Natvarlal Kamliya, to gather evidence before reporting him to police. After Kamliya left, the teenager called him on his mobile phone and recorded their conversation. During the call, Kamliya allegedly tried to convince her to forget the incident and not inform anyone. Had the victim not taken this step, she might have continued to suffer mentally, repeatedly remembering the incident and feeling helpless for not having taken any action. ”
Additional public prosecutor D M Thakor examined 16 witnesses and submitted 22 pieces of documentary evidence, including the audio recording of the conversation between the accused and the victim. The court also imposed a fine of Rs 20,000, to be recovered from the accused and paid to the victim as compensation.
“Having regard to the nature of the offence, the teenage phase of the victim, accused being an elderly having age of 82 years and the overall facts and circumstances of the case, this court is of the considered opinion that the present case warrants the imposition of the minimum sentence prescribed under law (sic),” the court observed. Kamliya was tried on charges of sexual harassment under IPC and Pocso Act . Special Pocso judge A B Bhatt found Kamliya guilty.