MUMBAI, Sept. 29 -- A Special POCSO (Protection of Children from Sexual Offences Act) court in Mumbai has convicted a city resident, Shubham Ashok Tayde, for kidnapping and repeatedly sexually assaulting a 16-year-old girl, sentencing him to ten years of rigorous imprisonment. Special judge Madhuri M Deshpande, on Thursday, said the prosecution proved that Tayde kidnapped the victim "by taking her out of lawful guardianship of her parents without consent" and repeatedly raped her, causing her pregnancy. According to the prosecution, the victim, a school student, first met Tayde in early 2021 in her locality and soon became friends. Tayde, according to the chargesheet, was 21 at that time. On two occasions, he took her to a railway car shed to rape her. A few months later, when she complained of abdominal pain, doctors at KEM Hospital found she was around 10 weeks pregnant. The pregnancy was terminated, and her mother filed a police complaint. The court relied on the testimony of the victim and her mother. "The version of the victim and complainant is well supported by the medical evidence, forensic evidence and opinion of the medical officer," it noted. Rejecting arguments that the relationship was consensual, the court observed, "Since the victim was below 18 years, consent given by her cannot be considered as consent for sexual intercourse." It also invoked the statutory presumption under the POCSO Act, holding that "liberty is given to the accused to take a defence that he had no such mental state, but he has to prove the said fact beyond reasonable doubt," which the court said Tayde failed to do. Apart from 10 years for rape, he was also sentenced to three years of imprisonment with a Rs.2,000 fine under Section 363 (kidnap), with the sentences to run concurrently The court directed that Tayde, who was on bail, be taken into custody and informed of his right to appeal.vikrant jha...