Case Note & Summary
The appellant, Shaikh Anees, was convicted by the Special Judge (POCSO Act), Aurangabad, for offences under Sections 4, 5(m) and (n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, for allegedly sexually assaulting a 3-year-old girl. The prosecution case was that on 02.03.2018, the victim went to a shop and was taken by the accused to his house, where he removed her pant and touched her private part, causing redness and wetness. The mother (PW-1) noticed the child's condition and later lodged an FIR on 04.03.2018. The trial court convicted the appellant based on the testimony of the victim (PW-2) and other witnesses. On appeal, the High Court examined the evidence and found material inconsistencies in the victim's testimony, particularly regarding the date and time of the incident. The medical evidence did not support the prosecution's case, and the mother's testimony was also found to be unreliable. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - POCSO Act - Conviction - Appeal - Appellant convicted under Sections 4, 5(m) and (n) read with Section 6 of POCSO Act for sexual assault on a 3-year-old girl - Appeal against conviction - Held that the testimony of the victim (PW-2) was inconsistent and not corroborated by medical evidence or other witnesses - Benefit of doubt given to appellant - Conviction set aside (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 4, 5(m) and (n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 is sustainable in law.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Benefit of doubt
- Child witness testimony
- Corroboration
- Inconsistencies
- POCSO Act
- Sexual assault
