Case Note & Summary
The appellant, Mehandi Kasim Jenul Abidin Shaikh, was convicted by the Special Judge under the POCSO Act for sexually assaulting six minor girls aged between 8 and 14 years. The appellant, who posed as a faith healer, induced the mothers of the victims (three sisters) to believe that sexual intercourse with him would cure their daughters of intellectual disability and enable them to bear male children. The victims testified about the repeated sexual assaults. The trial court convicted the appellant under Sections 376, 506 of IPC and Sections 4, 6, 8, 10 of POCSO Act. On appeal, the Bombay High Court upheld the conviction, relying on the credible testimony of the child witnesses and the presumption under Section 29 of POCSO Act. The court held that the appellant failed to rebut the presumption and that the evidence of the victims was sufficient to prove the offences beyond reasonable doubt. The court also found the sentence of life imprisonment appropriate.
Headnote
A) Criminal Law - Sexual Offences - Exploitation of Minors - POCSO Act, 2012, Sections 4, 6, 8, 10; IPC, 1860, Sections 376, 506 - The appellant exploited six minor girls by inducing their mothers to believe that sexual intercourse with him would cure their daughters of intellectual disability and enable them to bear male children - The court upheld the conviction, relying on the testimony of the child victims and the presumption under Section 29 of POCSO Act that the accused committed the offence unless the contrary is proved - Held that the evidence of the victims was credible and corroborated by medical evidence and the conduct of the appellant (Paras 1-64) B) Evidence Law - Child Witness - Credibility - POCSO Act, 2012, Section 29 - The court held that the testimony of child victims, even without corroboration, can form the basis of conviction if found to be truthful and reliable - The presumption under Section 29 of POCSO Act shifts the burden on the accused to prove his innocence - Held that the appellant failed to rebut the presumption (Paras 30-45) C) Criminal Law - Sentencing - Aggravated Sexual Assault - POCSO Act, 2012, Sections 6, 10 - The appellant was sentenced to rigorous imprisonment for life for offences under Section 6 and 10 of POCSO Act, and for 10 years under Section 376 IPC - The court found the sentence appropriate given the gravity of the offences and the vulnerability of the victims (Paras 60-64)
Issue of Consideration
Whether the appellant's conviction under Sections 376, 506 of IPC and Sections 4, 6, 8, 10 of POCSO Act is sustainable based on the evidence of child witnesses and the presumption under Section 29 of POCSO Act
Final Decision
Appeal dismissed; conviction and sentence upheld
Law Points
- Exploitation of blind faith
- sexual assault of minors
- POCSO Act
- IPC Sections 376
- 506
- credibility of child witnesses
- presumption under Section 29 POCSO Act
