Case Note & Summary
The appellant, Ramesh Tukaram Vavekar, was convicted by the Special Judge, Greater Bombay, in POCSO Special Case No.8 of 2016 for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He was sentenced to life imprisonment and a fine of Rs.2,000/-, with a default simple imprisonment of one month. The case arose from an incident where the appellant allegedly committed penetrative sexual assault on a 12-year-old girl. The prosecution examined the victim, her mother, and other witnesses. The victim testified that the appellant took her to his room and committed rape. The medical evidence did not confirm penetration, but the victim's testimony was found to be credible and consistent. The appellant challenged the conviction on the ground that the victim's testimony was not corroborated by medical evidence and that there were contradictions in the prosecution case. The High Court, after hearing the parties, held that the testimony of the victim alone is sufficient to convict under the POCSO Act, and medical evidence is not mandatory. The court found the victim's evidence trustworthy and corroborated by the surrounding circumstances. The court also noted that the appellant had been given the benefit of set-off under Section 428 of the Code of Criminal Procedure, 1973. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - POCSO Act - Conviction based on sole testimony of victim - Medical evidence not mandatory - The appellant was convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 for committing penetrative sexual assault on a 12-year-old girl. The court held that the testimony of the victim is sufficient to prove the offence, and absence of medical evidence of penetration does not discredit the prosecution case. The victim's evidence was found to be trustworthy and corroborated by other circumstances. (Paras 1-20) B) Criminal Law - POCSO Act - Section 42 - Non-obstante clause - Sentence under POCSO Act - The court held that since the appellant was sentenced under Section 4 of the POCSO Act, there was no need to separately punish him under Section 376 of the Indian Penal Code, 1860, as per Section 42 of the POCSO Act. (Paras 1-2) C) Criminal Law - POCSO Act - Life imprisonment - Proportionality - The court upheld the sentence of life imprisonment and fine of Rs.2,000/- imposed by the Special Judge, finding it appropriate given the gravity of the offence. (Paras 1-20)
Issue of Consideration
Whether the conviction of the appellant under Section 4 of the POCSO Act is sustainable based on the sole testimony of the victim and in the absence of medical evidence of penetration.
Final Decision
Appeal dismissed. Conviction and sentence under Section 4 of POCSO Act upheld.
Law Points
- Testimony of victim is sufficient for conviction under POCSO Act
- medical evidence not mandatory
- Section 4 POCSO Act
- Section 376 IPC
- Section 42 POCSO Act
- Section 235(2) CrPC
- Section 428 CrPC
