Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 18-12-2018 passed by the learned Additional Sessions Judge, Vaijapur, Aurangabad in Special Case (POCSO) No.23 of 2016, whereby respondent no.1 (original accused) was acquitted of all charges under Sections 302, 201 IPC, Section 8 read with 7 of the Protection of Children from Sexual Offences Act (POCSO), and Sections 3(1)(r) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC and ST Act). The case arose from an incident on 14-05-2016 when the deceased victim, a minor girl, was allegedly set ablaze by the accused after he poured kerosene on her. The victim initially survived and gave a statement to police, leading to registration of crime for attempt to murder, but she later died. The trial court acquitted the accused, finding that the prosecution failed to prove homicidal death, sexual assault, and that the accused knew the victim's caste. The High Court, in appeal, examined the evidence and found that the trial court's findings were not perverse. The medical evidence did not conclusively establish homicidal death, as the doctor opined cause of death as septicemia due to burn injuries but did not rule out accidental or suicidal burns. The dying declaration did not mention sexual assault, and there was no medical evidence to support it. Regarding the SC and ST Act, there was no evidence that the accused knew the victim belonged to a Scheduled Caste. The High Court held that the trial court's acquittal was based on proper appreciation of evidence and was not perverse, and therefore dismissed the appeal.
Headnote
A) Criminal Law - Acquittal Appeal - Perversity - State appeal against acquittal - Court examined whether trial court's findings were perverse or based on no evidence - Held that appellate court should not interfere unless findings are perverse or unreasonable (Paras 1-13). B) Evidence - Homicidal Death - Medical Evidence - Prosecution failed to prove homicidal death as doctor opined cause of death as septicemia due to burn injuries but did not rule out accidental or suicidal burns - Held that death not proved to be homicidal (Paras 3-13). C) POCSO Act - Sexual Assault - Section 8 read with 7 - Prosecution failed to prove sexual assault as victim's dying declaration did not mention sexual assault and medical evidence did not support it - Held that charge under POCSO Act not established (Paras 3-13). D) SC and ST Act - Atrocities - Sections 3(1)(r) and 3(2)(v) - Prosecution failed to prove that accused knew victim belonged to Scheduled Caste and that offence was committed on that ground - Held that charge under SC and ST Act not established (Paras 3-13).
Issue of Consideration
Whether the trial court's acquittal of the respondent-accused for offences under Sections 302, 201 IPC, Section 8 read with 7 of POCSO Act, and Sections 3(1)(r) and 3(2)(v) of SC and ST Act was perverse or erroneous, warranting interference by the appellate court.
Final Decision
Appeal dismissed. Acquittal of respondent-accused upheld.
Law Points
- Acquittal upheld
- Homicidal death not proved
- Sexual assault not established
- Knowledge of caste not proved
- Circumstantial evidence insufficient
- Benefit of doubt to accused
