Case Note & Summary
The appellant, Kamlesh Janardhan Walde, was convicted by the Special Judge in Special Criminal (Child) Case No.33/2016 for offences under Section 376(2)(i), 354-A, 506 of the Indian Penal Code and Sections 6, 8, 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He was sentenced to life imprisonment. The case involved three child victims aged about 5, 6, and 7 years. The mother of victim 'A' lodged a report on 24/08/2016 at Jawaharnagar Police Station, leading to registration of Crime No.81/2016. The informant stated that on 11/08/2016, her daughter told her that 2-3 days prior, the appellant called her to his house, removed his pant, and asked her to shake his private part, threatening her not to disclose. Subsequently, it was revealed that the appellant had similarly assaulted the other two victims over a span of one year. The trial court convicted the appellant based on the testimony of the victims and medical evidence. The appellant appealed to the High Court. The High Court examined the evidence and found the testimony of the child victims credible and corroborated by medical reports. The court held that the conviction was sustainable and upheld the life imprisonment sentence. The appeal was dismissed.
Headnote
A) Criminal Law - Rape of Minor - Section 376(2)(i) IPC, Sections 6, 8, 12 POCSO Act - Conviction based on child testimony - The appellant was convicted for repeatedly raping three minor girls aged 5-7 years. The court held that the testimony of the child victims, though not corroborated in every detail, was credible and consistent with medical evidence, and thus sufficient to sustain conviction. (Paras 1-10) B) Evidence Law - Child Witness - Credibility - The court held that the evidence of a child witness, if found to be truthful and reliable, does not require corroboration as a matter of law, but in this case, the medical evidence corroborated the testimony. (Paras 5-8) C) Sentencing - Life Imprisonment - Aggravated Penetrative Sexual Assault - The court upheld the sentence of life imprisonment under Section 6 of POCSO Act, noting the young age of victims and the repeated nature of offences. No separate sentence was awarded for other offences. (Paras 9-10)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(i), 354-A, 506 of IPC and Sections 6, 8, 12 of POCSO Act is sustainable based on the evidence of child victims and medical reports.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment are upheld.
Law Points
- Testimony of child victim
- if credible and corroborated
- can sustain conviction
- Corroboration of medical evidence with ocular testimony
- Sentencing for multiple offences under POCSO Act and IPC
- Life imprisonment for aggravated penetrative sexual assault
