Case Note & Summary
The appeal arose from a judgment of the Additional Sessions Judge, Nashik in Sessions Case No. 106 of 2014, which convicted the appellant for offences under Sections 376(2)(f), 377 and 363 of the Indian Penal Code. The victim was the three-year-old daughter of the complainant. The prosecution alleged that on 3 October 2013, the appellant, who was the complainant's brother, took the victim from her mother's custody on the pretext of buying new clothes. The victim did not return, and a missing complaint was lodged. She was found four days later at Mumbra Railway Station in a naked condition. The victim disclosed to her mother that the appellant had sexually assaulted her. Medical examination revealed injuries to the victim's private parts consistent with sexual assault. The prosecution examined eight witnesses, including the victim's mother, father, the medical officer, and police officials. The appellant pleaded innocence and did not adduce any evidence. The trial court convicted and sentenced him to life imprisonment for rape and unnatural offence and three years for kidnapping. The High Court heard the appeal under Section 374(2) CrPC, but the extract ends before the final decision and reasoning.
Headnote
A) Criminal Law - Sexual Offences Against Children - Sections 376(2)(f), 377, 363 IPC and Section 4 POCSO Act - Appeal against conviction - The High Court considered whether prosecution established charges of kidnapping and aggravated sexual assault of a three-year-old based on circumstantial evidence, including medical evidence and victim's disclosure to her mother; the extracted text does not include the court's final reasoning or order (Paras 2-13).
Issue of Consideration
Whether the prosecution proved the charges under Sections 376(2)(f), 377 and 363 of the Indian Penal Code and Section 4 of the POCSO Act beyond reasonable doubt based on circumstantial evidence; whether the trial court's conviction and sentences were legally sustainable.
Case Details
2025 LawText (BOM) (08) 44
Criminal Appeal No. 188 of 2023
Suman Shyam, Shyam C. Chandak
Sandeep Karnik, Deepa Punjabi, G. P. Mulekar
The State of Maharashtra and XYZ (Through Ambad Police Station, Nashik, Dist. Nashik)
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Nature of Litigation
Criminal appeal against conviction for kidnapping and sexual assault of a minor girl.
Remedy Sought
Appellant sought setting aside of conviction and sentences imposed by trial court.
Filing Reason
Challenging judgment and order dated 30 September 2015 convicting appellant under Indian Penal Code and POCSO Act.
Previous Decisions
Sessions Court convicted appellant and sentenced him to life imprisonment for offences under Sections 376(2)(f) and 377 IPC and three years for Section 363 IPC, sentences to run concurrently.
Issues
Whether the prosecution proved the charges under Sections 376(2)(f), 377 and 363 IPC and Section 4 POCSO beyond reasonable doubt based on circumstantial evidence.
Whether the trial court's conviction and sentences were legally sustainable.
Submissions/Arguments
Appellant denied all charges and pleaded innocence without adducing any evidence.
Prosecution relied on circumstantial evidence including mother's testimony, victim's disclosure, medical evidence of sexual assault, and official witnesses.
Judgment Excerpts
The victim had stated that the accused had removed her knicker and inserted his private part into her private part.
PW 3 has opined that there was sexual assault on the victim.
The prosecution case is based on circumstantial evidence.
He had, however, not adduced any evidence.
Procedural History
Missing complaint lodged on 3 October 2013; FIR Crime No. 313 of 2013 registered on 4 October 2013 at Ambad Police Station; victim found on 6 October 2013 at Mumbra Railway Station; medical examination conducted on 7 October 2013; accused arrested on 3 February 2014; charge-sheet filed and charges framed under Indian Penal Code and POCSO Act; trial in Sessions Case No. 106 of 2014; conviction on 30 September 2015 by Additional Sessions Judge, Nashik; appeal filed under Section 374(2) CrPC; heard by High Court, reserved on 29 July 2025 and pronounced on 14 August 2025.
Acts & Sections
- Indian Penal Code, 1860: 376(2)(f), 377, 363, 201
- Code of Criminal Procedure, 1973: 374(2)
- Protection of Children from Sexual Offences Act, 2012: 4
