Case Note & Summary
The appellant, Khalil Kureshi, was convicted by the Children's Court, Panaji, Goa for offences under Section 376(2)(i) IPC, Section 8(2) of the Goa Children's Act, 2003, and Section 4 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to rigorous imprisonment for 10 years and fine. The incident occurred on 06/07/2013 when the three-and-a-half-year-old prosecutrix went to the appellant's shop to buy a chocolate. When she did not return for about 20 minutes, her mother (PW1) went to the shop and found the child crying inside with the appellant. The child told her mother that the appellant removed his pant and put his private part in her mouth, saying 'dudu piyo' (drink milk), and slapped her. The mother lodged a complaint, and the appellant was arrested. The trial court convicted the appellant based on the testimony of the child victim, her mother, and medical evidence. The appellant appealed, arguing that the child's testimony was unreliable and that there were contradictions. The High Court examined the evidence and found the child's testimony to be consistent and credible, noting that the child had given clear answers in court. The court held that the child's statement to her mother immediately after the incident was admissible as res gestae under Section 6 of the Evidence Act. The medical evidence corroborated the sexual assault. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Child Witness - Credibility - Testimony of a child of tender years can be relied upon if it is consistent and inspires confidence, even without corroboration, provided the court is satisfied about the child's capacity to understand and give rational answers. (Paras 10-15) B) Sexual Offences - Aggravated Penetrative Sexual Assault - Section 376(2)(i) IPC, Section 8(2) Goa Children's Act, 2003, Section 4 POCSO Act, 2012 - The act of putting the penis in the mouth of a three-and-a-half-year-old child constitutes penetrative sexual assault. The child's statement to her mother immediately after the incident is admissible as res gestae under Section 6 of the Evidence Act. (Paras 16-20) C) Evidence Law - Res Gestae - Section 6 of the Indian Evidence Act, 1872 - The spontaneous statement made by the victim to her mother immediately after the incident, describing the assault, is admissible as part of the transaction. (Para 18) D) Sentencing - Aggravated Sexual Assault - Minimum Sentence - Section 4 POCSO Act, 2012 - The court imposed rigorous imprisonment for 10 years and fine of ₹2,00,000, considering the gravity of the offence and the young age of the victim. (Para 22)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(i) IPC, Section 8(2) of the Goa Children's Act, 2003, and Section 4 of the Protection of Children from Sexual Offences Act, 2012 is sustainable based on the evidence of the child victim and other witnesses.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of rigorous imprisonment for 10 years and fine of ₹2,00,000 under Section 376(2)(i) IPC, Section 8(2) of the Goa Children's Act, 2003, and Section 4 of the POCSO Act, 2012, along with 6 months simple imprisonment under Section 323 IPC.
Law Points
- Child witness testimony
- credibility of prosecutrix
- corroboration of evidence
- presumption under Section 29 POCSO Act
- sentencing for aggravated penetrative sexual assault
