Case Note & Summary
The appellant, Dilip s/o Sambhaji Gajbhare, was convicted by the Special Judge under the POCSO Act, Nanded, in Special Case No.35 of 2014 dated 16.05.2016, for offences punishable under Section 376(1) of the Indian Penal Code and Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The victim was a 6-year-old girl. On 08.09.2014, while the victim's mother was at the weekly bazar, the accused offered the victim one rupee, took her to his house, gagged her mouth, and committed rape. The mother returned to find the victim frightened and bleeding from her private part. The victim narrated the incident in her language (Lamhani). The mother informed the police the next day, and the victim was medically examined. The medical report confirmed injuries consistent with sexual assault. The accused was arrested, and his clothes were seized. He made a memorandum and discovered a mattress used during the act. The trial court convicted the accused and sentenced him to life imprisonment and a fine of Rs.1,000/- for the POCSO offence, with no separate sentence under IPC. The accused appealed to the High Court. The High Court examined the evidence, including the testimony of the victim (PW-1), her mother (PW-2), the medical officer (PW-9), and other witnesses. The court found the victim's testimony credible and reliable, corroborated by medical evidence and the prompt complaint. The court held that the presumption under Section 29 of the POCSO Act applied, and the accused failed to rebut it. The court also noted that the sentence of life imprisonment was mandatory under Section 6 of the POCSO Act for aggravated penetrative sexual assault on a child below 12 years. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Testimony of Child Victim - The sole testimony of a child victim, if found credible and reliable, can form the basis of conviction without corroboration, especially when supported by medical evidence and prompt complaint. (Paras 1-5) B) POCSO Act - Aggravated Penetrative Sexual Assault - Section 5(m) read with Section 6 - Sentencing - Life imprisonment is the minimum sentence for aggravated penetrative sexual assault on a child below 12 years, and the court has no discretion to impose a lesser sentence. (Paras 5-6) C) Evidence Act - Presumption under Section 29 POCSO Act - The court may presume that the accused committed the offence if the victim's testimony is credible, shifting the burden on the accused to rebut the presumption. (Para 5)
Issue of Consideration
Whether the conviction of the appellant under Section 376(1) IPC and Section 5(m) punishable under Section 6 of the POCSO Act is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the learned Special Judge under the POCSO Act/Sessions Judge, Nanded in Special Case No.35 of 2014 dated 16.05.2016 are confirmed.
Law Points
- Testimony of child victim
- corroboration by medical evidence
- presumption under Section 29 POCSO Act
- sentencing under Section 6 POCSO Act
