Case Note & Summary
The appellant, Vikas Yashwant Madavi, was convicted by the Special Judge (POCSO Act), Thane, for sexually assaulting a 3½-year-old girl. The incident occurred on 4 December 2012 when the victim and her 5-year-old cousin went to play at the appellant's house. The appellant allegedly took the victim to his bedroom, removed her underwear, and inserted his finger into her private part. When the victim cried, he brought her back home. Later that night, the victim complained of pain and disclosed the assault to her mother. The mother lodged an FIR with Rabale Police Station. The trial court convicted the appellant under Section 376(2)(f)(i) IPC and Sections 3(b)/4 and 5(m)/6 of the POCSO Act, sentencing him to 10 years rigorous imprisonment. The appellant appealed, arguing that the evidence was inconsistent and that the child witnesses were tutored. The High Court examined the testimonies of the victim (PW-1) and her cousin (PW-5), finding them credible and consistent. The court noted that minor discrepancies in the timing of the incident did not undermine the prosecution case. Medical evidence confirmed injuries consistent with sexual assault. The court held that the conviction was based on solid evidence and dismissed the appeal, upholding the sentence. The court also directed that the fine amount be paid to the victim as compensation.
Headnote
A) Criminal Law - Sexual Assault of Minor - Conviction under Section 376(2)(f)(i) IPC and Sections 3(b)/4, 5(m)/6 POCSO Act - Appeal against conviction - The appellant was convicted for inserting his finger in the private part of a 3½-year-old girl. The court held that the testimony of the child victim (PW-1) and the child witness (PW-5) was credible and trustworthy, and minor inconsistencies did not affect the core of the prosecution case. The medical evidence corroborated the sexual assault. The appeal was dismissed and conviction and sentence were upheld. (Paras 1-14) B) Evidence Law - Child Witness - Credibility - The court held that the evidence of a child witness, if found to be truthful and reliable, can form the basis of conviction. In this case, the child victim (PW-1) and her cousin (PW-5) gave consistent accounts of the incident, and their testimony was corroborated by medical evidence. (Paras 5-10) C) Criminal Law - Sentencing - Rigorous Imprisonment for 10 Years - The court upheld the sentence of 10 years rigorous imprisonment for the offence under Section 376(2)(f)(i) IPC and 10 years rigorous imprisonment under Section 5(m)/6 POCSO Act, noting the gravity of the offence against a minor child. (Paras 13-14)
Issue of Consideration
Whether the conviction and sentence of the appellant under Sections 376(2)(f)(i) IPC and Sections 3(b)/4, 5(m)/6 POCSO Act is sustainable based on the evidence of the child victim and child witness.
Final Decision
Appeal dismissed. Conviction and sentence upheld. Fine amount to be paid to the victim as compensation.
Law Points
- Conviction under Section 376(2)(f)(i) IPC and Sections 3(b)/4
- 5(m)/6 POCSO Act upheld
- testimony of child victim and child witness credible
- minor inconsistencies in evidence do not discredit prosecution case
- medical evidence corroborates sexual assault
- sentence of 10 years RI confirmed.
