First Class Judicial Magistrate R T Ingle, in his order yesterday, said he was not in favour of sending the convict, Mandar Jagtap, to jail considering his age when the incident took place.
The judge, however, slapped a fine of Rs 5,000 on the convict and said the amount should be transferred to the account of the District Legal Aid Services.
Jagtap had committed the crime when he was 21.
"If I send the convict in jail, he may become a hardened criminal. The objective of any punishment is to reclaim the offender.
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"Having regard to the facts and circumstances of the case, in my opinion, payment of fine instead of imprisonment, will serve the purpose," he observed.
Additional Public Prosecutor (APP) Rashmi Kshirsagar told the court the victim was studying in class 9 at the time of the incident on June 28, 2010, when she was returning home in Vartak Nagar from school at about 4.30 pm.
According to the APP, the girl lodged a complaint with the local police station following which Jagtap was booked under IPC section 509 (word, gesture or act intended to insult the modesty of a woman), and later arrested.
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