Surat POCSO Court Hands Ashad Altaf 20-Year Sentence for Raping Minor Hindu Girl: Analyzing Victim Testimony and Judicial Ruling
- MGMMTeam
- Mar 25
- 6 min read
On March 18, 2025, the Surat POCSO Court sentenced Ashad Altaf Virani to 20 years of rigorous imprisonment and imposed a fine of ₹1,00,000 for the rape of a minor Hindu girl. He was booked by the Vesu Police in Surat, Gujarat, on September 19, 2023, under Sections 376(2)(N), 450, 465, 468, 471, and 120(b) of the Indian Penal Code (IPC), along with Sections 4, 6, and 17 of the POCSO Act, following a complaint by the victim’s mother. Ashad was arrested on September 22, 2023, at the age of 19.
Two other accused, Rudra Chandresh Patel and Pravin Netrapalsing Chaudhary, who were charged under the same provisions, were acquitted by the court.
The case was heard by Justice Shakuntala Naresh Solanki at the Special Fast Track Court (POCSO). DV Dave served as the Public Prosecutor, while Ashad was defended by advocate KP Reshamwala, Rudra by advocate MH Chaudhary, and Pravin by advocate SS Katyare.
Case Background
On September 19, 2023, the mother of the victim went to Vesu Police Station to lodge a complaint against Ashad, accusing him of raping her daughter, who was 17 years old at the time of the incident. According to the complaint, the mother grew suspicious after observing her daughter frequently talking on the phone and exchanging messages. Upon checking her daughter’s phone, she discovered nude photos of her daughter with a boy.
When questioned, the victim disclosed that approximately six or seven months prior, her friend Aryan Mehta had introduced her to Ashad Altaf Virani. She explained that Ashad would occasionally take her to parties at various locations and that they were in a romantic relationship. The victim further revealed that Ashad had brought her to the Weekend Home hotel on Dumas Road and to his residence, where they engaged in sexual intercourse.
Since the girl was underage, the police registered a case under the POCSO Act and applicable IPC sections. During the investigation, Rudra and Pravin were also charged by the police for reportedly altering the victim’s Aadhaar card, which enabled her to present it at the hotel reception where Ashad had brought her. The police arrested Rudra and Pravin on September 30, 2023.
Victim’s mother’s statement in court
In her court statement, the victim’s mother testified that on September 18th or 19th, she checked her daughter’s mobile phone and discovered nude photographs of the victim and Ashad. Aryan, a mutual friend of both, had facilitated their initial meeting.
The mother then summoned Aryan to her home, where he admitted to being aware of the relationship. He revealed that he would pick up the victim from her house and drop her off with Ashad, while the mother believed she was going to Aryan’s house for skateboarding. Following this, the mother called Ashad, who apologized. She subsequently filed a complaint against him at the police station.
Court documents indicated that Aryan left for London after that day and never appeared in court to provide a statement.
After the complaint was lodged, the victim underwent a medical examination, and the police confiscated her phone and clothes as evidence.
In her statement, the mother disclosed that she later found out Aryan and Ashad had taken the victim to Weekend for a party, where they had created a fake ID for her so Ashad could take her to a hotel. She alleged that at the hotel, Ashad gave her daughter a drink, after which she lost consciousness. Upon regaining awareness, the victim felt that something had happened.
During the medical examination, the victim informed her mother that Ashad had taken nude photographs on both his and her phone and that sexual intercourse had occurred between them.
Statement of the victim
In her statement recorded before the magistrate, the victim, referred to as the "prosecutrix" in the judgment due to her being a minor, stated that she was already acquainted with Ashad, who studied at her school, and his younger cousin, Zidant, who was her classmate. Aryan, her friend and schoolmate, introduced her to Ashad.
Their first meeting involved going out for soft drinks. A few days later, they met again to play sports. These meetings soon became frequent. Over time, she and Ashad started texting, leading to private meetups. While her mother was aware of their friendship, she disapproved of it because Ashad belonged to a different community. Despite being forbidden from seeing him, the victim continued to meet Ashad in secret.
One evening, Ashad texted her, insisting they meet. He picked her up, and they drove around. He then offered her a drink that tasted bitter. When she questioned him, he dismissed her concerns and urged her to drink it. Later, he drove her to a complex, took her phone, and left the car. Upon returning, he informed her that he had booked a room upstairs using a fake ID arranged by Rudra. Inside the room, he gave her more drinks, which left her dazed but conscious. He then assaulted her and took photographs before driving her home.
Shortly after, Ashad began pressuring her to meet him again, using the explicit photos as leverage. He would arrive with alcohol and drugs, forcing her to consume them before subjecting her to further assaults. He repeatedly threatened to leak the images if she resisted. Fearful of her mother’s reaction, she remained silent. Their meetings became frequent, marked by coercion, intoxication, and abuse.
On one occasion, when she refused to meet him, Ashad showed up at her house uninvited and assaulted her. In June 2023, he took her out on his birthday and assaulted her again. Later, under the pretense of watching a movie at his home, he abused her once more. In August, he mentioned his plans to move abroad, which gave the victim temporary relief, but those plans fell through. By September 2023, he took her to a hotel and continued the abuse.
When the victim’s mother discovered the repeated assaults, she filed a complaint at Vesu Police Station. During the legal proceedings, the victim initially became hostile but later reaffirmed the details of her statement during cross-examination.
The court noted that while the victim had stated in her testimony that the sexual relationship was non-consensual, at one point, she mentioned it had occurred with her consent. Despite this contradiction, the court emphasized that the abuse happened multiple times, regardless of consent. Moreover, based on available photos and videos, it appeared that the victim was a willing participant. However, since she was a minor at the time, her consent was legally invalid.
‘FIR is not an encyclopaedia’
In its ruling, the court observed that the defense sought to undermine the victim’s mother’s statement made before the magistrate by pointing out discrepancies with her initial police complaint, which formed the basis of the FIR. The court, however, relied on the legal principle that “an FIR is not an encyclopaedia.”
It clarified that an FIR is not required to encompass every minute detail of the incident, as its primary function is to initiate the criminal justice process. The purpose of an FIR is not to provide an exhaustive or definitive account of events. The court noted that complainants, particularly in cases of sexual assault, are often in a state of emotional turmoil when filing an FIR.
Thus, it would be impractical and legally unjustified to expect the victim’s mother to include every detail—such as the names of all individuals involved, precise locations, or the exact methods used—in her initial complaint. The court stressed that the key issue is whether the investigation and trial evidence consistently support the occurrence of the offense. Consequently, small inconsistencies or omissions in the FIR do not undermine the prosecution’s case, provided the central claims are backed by solid evidence.
Acquittal of Rudra and Pravin
The court acquitted Accused Nos. 2 and 3, Rudra Chandresh Patel and Pravin Netrapalsing Chaudhary, citing insufficient evidence to prove their involvement beyond a reasonable doubt. Although they were accused of forging the victim’s Aadhaar card by altering her birth year to enable Ashad to access a hotel with a minor, the prosecution failed to establish their direct participation in creating or using the falsified document.
No concrete proof was presented to show that either had personally used or submitted the fraudulent ID at any hotel. Additionally, a forensic examination of their mobile phones did not uncover any incriminating data supporting the charges of forgery or conspiracy. Due to the absence of credible and corroborative evidence, the court extended the benefit of doubt, resulting in their acquittal.
Judgment
The court, in its judgment, found Ashad guilty of offenses under Sections 376(2)(n) and 450 of the Indian Penal Code, as well as Sections 4, 5(l), and 6 of the Protection of Children from Sexual Offences Act, 2012. He was sentenced to 20 years of rigorous imprisonment and fined Rs 1 lakh, with Rs 95,000 allocated as compensation for the victim.
Failure to pay the fine would result in an additional one-year imprisonment. Additionally, he received a three-year rigorous imprisonment sentence and a Rs 2,000 fine under Section 450 of the IPC for trespassing into the victim’s house and committing sexual assault. The court directed that all sentences run concurrently and that the time already spent in detention be deducted from his total sentence.
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