Case Note & Summary
The case pertains to an appeal filed by Arif Mohd. Rahilla against his conviction under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 376 of the Indian Penal Code (IPC) for the aggravated penetrative sexual assault of a four-and-a-half-year-old girl. The incident occurred on 2nd December 2016, when the victim, who was residing with her grandmother near St. George Hospital, Mumbai, went to a confectionery shop to buy a chocolate. The appellant, who worked as a packer and lived in the same building, took the victim to his room and committed the offence. The victim's mother (PW-1) noticed blood on the victim's underwear and, upon questioning, the victim disclosed the assault. The mother immediately lodged an FIR at MRA Marg Police Station. The victim was medically examined, and the doctor (PW-4) opined that there was evidence of recent sexual intercourse. The trial court convicted the appellant and sentenced him to rigorous imprisonment for ten years and a fine of Rs. 6,000. The appellant challenged the conviction on the grounds that the victim's testimony was unreliable, there were inconsistencies in the prosecution case, and the medical evidence did not conclusively prove the offence. The High Court, after re-appreciating the evidence, found the victim's testimony to be credible, natural, and trustworthy. The court noted that the victim was a child of tender age but her deposition was recorded after ensuring she understood the proceedings, and she gave a coherent account. The medical evidence corroborated the victim's version. The court held that minor inconsistencies in the evidence of other witnesses did not affect the prosecution case. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Child Sexual Abuse - Aggravated Penetrative Sexual Assault - Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 376 of Indian Penal Code, 1860 (IPC) - Conviction based on sole testimony of child victim - The court held that the testimony of the child victim (PW-2) was credible, natural, and trustworthy, and was corroborated by medical evidence and the prompt FIR. Minor inconsistencies in the evidence of other witnesses did not affect the prosecution case. The appeal against conviction was dismissed. (Paras 5-10) B) Evidence Law - Child Witness - Credibility - The court held that the evidence of a child witness can be relied upon if it is found to be truthful and consistent. The victim's deposition was recorded after preliminary questions to ascertain her understanding, and she gave a coherent account of the incident. (Paras 5-7) C) Criminal Procedure - Appeal against Conviction - Section 374(2) of Code of Criminal Procedure, 1973 (CrPC) - The court, in an appeal against conviction, re-appreciated the evidence and found no reason to interfere with the findings of the trial court. The conviction was upheld. (Paras 1, 10)
Issue of Consideration
Whether the conviction of the Appellant under Section 6 of the POCSO Act and Section 376 of the IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Testimony of a child victim
- if credible and corroborated
- can sustain conviction under POCSO Act
- Minor inconsistencies do not discredit the prosecution case
- Section 6 of POCSO Act
- Section 376 of IPC
