Case Note & Summary
The appellant, Ganpati Shankar Kage, was convicted by the Additional Sessions Judge, Omerga, in Special Case No.18 of 2021 for offences under Sections 376, 323, 504, 506 of the Indian Penal Code and Sections 4, 6, 8, 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The victim, his 15-year-old daughter, lodged a report on 29-04-2021 alleging that on the night of 28-04-2021, her father, under the influence of liquor, called her into a room, threatened her with an axe, disrobed her, and raped her. She immediately fled to her uncle's house and informed her grandparents. The next day, she and her uncle went to the police station and lodged the FIR, leading to the registration of Crime No.93 of 2021. Investigation was conducted by PW9 Kawade, who filed a charge sheet. The trial court convicted the appellant, leading to the present appeal. The appellant's counsel argued that the victim's testimony was not credible, that her age was not conclusively proved, that medical evidence was inconclusive, and that the brother of the victim was not examined. The State argued that the prosecution had established its case through ten witnesses, that the victim's testimony was inspiring confidence, that her date of birth was proved by school records, and that medical evidence was positive. The High Court, after examining the evidence, found that the victim's testimony was consistent and credible, that her age was proved by school records showing she was a minor, and that medical evidence corroborated the sexual assault. The court held that the sole testimony of the victim, if credible, is sufficient to sustain a conviction in sexual offences. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape - Aggravated Penetrative Sexual Assault - Sections 376, 323, 504, 506 IPC and Sections 4, 6, 8, 12 Protection of Children from Sexual Offences Act, 2012 - Conviction based on sole testimony of victim - Appeal against conviction for rape of minor daughter by father - Court held that the testimony of the victim was credible, consistent, and corroborated by medical evidence and school records proving minority - Held that conviction was proper and appeal dismissed (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 323, 504, 506 IPC and Sections 4, 6, 8, 12 of the POCSO Act is sustainable based on the sole testimony of the victim and other evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence dated 30-11-2022 passed by Additional Sessions Judge, Omerga in Special Case No.18 of 2021 are upheld.
Law Points
- Sole testimony of victim
- if credible
- can sustain conviction in sexual offences
- Age of victim can be proved by school records
- Medical evidence not mandatory for proving rape
- POCSO Act provisions for aggravated penetrative sexual assault
Case Details
2024 LawText (BOM) (02) 106
Criminal Appeal No. 179 of 2023
Ms. Ranjana D. Reddy (for appellant), Mr. N.D. Batule (APP for respondent no.1), Mr. Kailash Vitthal Pawar (for respondent no.2)
The State of Maharashtra and XYZ
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Nature of Litigation
Criminal appeal against conviction for rape and aggravated penetrative sexual assault of minor daughter.
Remedy Sought
Appellant sought acquittal by setting aside the conviction and sentence dated 30-11-2022 passed by Additional Sessions Judge, Omerga in Special Case No.18 of 2021.
Filing Reason
Appellant was convicted for offences under Sections 376, 323, 504, 506 IPC and Sections 4, 6, 8, 12 of POCSO Act for raping his 15-year-old daughter.
Previous Decisions
Trial court convicted the appellant on 30-11-2022.
Issues
Whether the sole testimony of the victim is sufficient to sustain conviction for rape under IPC and POCSO Act.
Whether the age of the victim was conclusively proved to be a minor.
Whether medical evidence is mandatory to prove rape.
Submissions/Arguments
Appellant's counsel argued false implication, lack of credible testimony, inconclusive age and medical evidence, and non-examination of brother.
State argued that prosecution established case through ten witnesses, victim's testimony credible, age proved by school records, medical evidence positive, and no reason for false implication by daughter against father.
Ratio Decidendi
In cases of sexual offences, the sole testimony of the victim, if found credible and trustworthy, is sufficient to base a conviction without corroboration. The age of the victim can be proved by school records, and medical evidence, though not mandatory, can corroborate the victim's version.
Judgment Excerpts
Judgment and order dated 30-11-2022 passed by the learned Additional Sessions Judge, Omerga in Special Case No.18 of 2021 convicting appellant for offence under Sections 376, 323, 504, 506 and under Sections 4, 6, 8, 12 of the Protection of Children from Sexual Offences (POCSO) Act, is taken exception to by the convict by filing instant appeal.
Victim, aged 15 years, studying in 9th Standard, lodged report on 29-04-2021 at Murum Police Station, Tq.Omerga, alleging that in the night of 28-04-2021 her father, under influence of liquor, called her in the room, threatening to kill her by use of axe, disrobed her and forced himself on her.
Procedural History
FIR lodged on 29-04-2021 at Murum Police Station, Crime No.93 of 2021 registered. Investigation by PW9 Kawade, charge sheet filed. Trial before Additional Sessions Judge, Omerga in Special Case No.18 of 2021. Conviction on 30-11-2022. Appeal filed on 22-02-2024, reserved, and judgment pronounced on 29-02-2024.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 376, 323, 504, 506
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act): 4, 6, 8, 12
