Case Note & Summary
The case involves an appeal against the conviction of the accused for the rape of a five-year-old girl under Section 376(2)(i)(j) IPC and Section 5(m) punishable under Section 6 of the POCSO Act. The incident occurred on 25 July 2015 when the victim was playing outside her home. The accused, a neighbor, lured her with chips, took her to his house, and committed penetrative sexual assault. The victim reported the incident to her mother, who found semen on the victim's knickers. The mother confronted the accused, who fled. The police registered a case, and the victim was medically examined. The medical officer found no injuries and an intact hymen. However, forensic analysis of the victim's clothes and the accused's clothes revealed semen stains, and DNA testing confirmed that the semen matched the accused's blood sample. The trial court convicted the accused, sentencing him to 10 years' rigorous imprisonment. On appeal, the accused argued that the medical evidence did not support penetrative assault, that the DNA report was unreliable due to delays, and that the victim's testimony was inconsistent. The High Court rejected these arguments, holding that slight penetration is sufficient for rape, that the absence of injuries does not negate the offense, and that the DNA evidence was credible and properly handled. The court found the victim's testimony consistent and corroborated by her mother's evidence and the DNA report. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape - Penetrative Sexual Assault - Section 376(2)(i)(j) IPC, Section 5(m) r/w Section 6 POCSO Act - DNA Evidence - The court considered whether the absence of injuries on the victim's private part and intact hymen negates the charge of penetrative sexual assault. Held that slight penetration is sufficient to constitute rape, and the absence of injuries does not discredit the victim's testimony when corroborated by DNA evidence. (Paras 10-13) B) Evidence Law - Child Witness - Credibility - The court examined the testimony of the five-year-old victim and her mother. Held that minor inconsistencies are natural and do not undermine the core of the prosecution case, especially when supported by scientific evidence. (Paras 8-9) C) Forensic Evidence - DNA Report - Chain of Custody - The court assessed the reliability of the DNA report linking the accused to the semen on the victim's clothes. Held that the contemporaneous documentary evidence and testimony of FSL officials established proper handling and analysis, ruling out tampering. (Paras 11-12)
Issue of Consideration
Whether the conviction of the accused under Section 376(2)(i)(j) IPC and Section 5(m) punishable under Section 6 of the POCSO Act is sustainable based on the evidence of the victim, her mother, medical evidence, and DNA report.
Final Decision
Appeal dismissed; conviction and sentence of 10 years rigorous imprisonment under Section 376(2)(i)(j) IPC and Section 5(m) punishable under Section 6 POCSO Act upheld
