"High Court Modifies Conviction: Appeal Partly Allowed in POCSO and IPC Section 377 Case" "Insufficient evidence of penetration leads to reduced charges in sexual assault case"


Summary of Judgement

The conviction under the Protection of Children from Sexual Offences (POCSO) Act and Section 377 of the Indian Penal Code (IPC). The court partially allowed the appeal, modifying the conviction and sentence based on the evidence presented and the lack of sufficient proof for penetrative sexual assault.

The court analyzed whether the evidence supported the charge of penetrative sexual assault or merely an attempt. It found that while the incident occurred, the prosecution's evidence was insufficient to prove penetration, modifying the conviction to attempt under Section 377 IPC read with Section 511 and maintaining the conviction under Section 10 of the POCSO Act.

Facts with Headings:

  1. Background Facts:

    • The appellant, aged 30, was accused under Sections 4 and 10 of the POCSO Act and Section 377 of the IPC for an incident involving an 11-year-old boy. The appellant allegedly lured the victim and his friend with false promises and assaulted the victim.
  2. Incident Details:

    • The victim reported that the accused carried him to his field, assaulted him, and attempted penetration. The victim managed to escape when the accused was distracted by the horn of a passing vehicle.
  3. Investigation and Trial:

    • The police registered the complaint, conducted medical examinations, and collected forensic evidence. Despite the victim’s testimony and corroborative witness statements, medical evidence showed no conclusive signs of penetration.
  4. Appellant’s Defense:

    • The appellant claimed false implication due to personal enmity and lack of sufficient evidence supporting the victim’s version of events.
  5. Prosecution’s Argument:

    • The prosecution argued that the victim’s account was consistent and supported by medical evidence indicating forceful manipulation, even if full penetration was not established.

Acts and Sections Discussed:

  • Protection of Children from Sexual Offences Act (POCSO), 2012:
    • Section 3: Defines penetrative sexual assault.
    • Section 4: Punishes penetrative sexual assault.
    • Section 10: Deals with aggravated sexual assault.
  • Indian Penal Code (IPC):
    • Section 377: Punishes unnatural offenses.
    • Section 511: Deals with attempts to commit offenses.

Ratio Decidendi:

The court held that while the victim’s testimony and evidence established that an incident of sexual assault occurred, the lack of medical evidence and clarity about penetration necessitated modifying the charge. The judgment emphasized that, under POCSO, an attempt or partial act without penetration should be categorized under aggravated sexual assault, attracting different penalties.

Subjects:

Criminal Appeal under POCSO Act and IPC.

Criminal Law, POCSO Act, IPC Section 377, Sexual Assault, Attempt to Commit Offense, Judicial Review, Appeal.

The Judgement

Case Title: Mahadeo @ Mahadya Uttam Gonde Versus The State of Maharashtra & Anr.

Citation: 2024 LawText (BOM) (9) 47

Case Number: CRIMINAL APPEAL NO. 258 OF 2022

Date of Decision: 2024-09-04