Case Note & Summary
The appellant, Jitendra Rajmohan Mazi, was convicted by the Special Judge, Sindhudurg at Oros in Special Case No.44 of 2015 for offences under Section 376(2)(i) of the Indian Penal Code read with Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012, and under Sections 363, 366 and 506(2) of the IPC. He was sentenced to rigorous imprisonment for 12 years for the rape offence, 5 years for kidnapping, and 1 year for criminal intimidation, with fines and default sentences. The sentences were to run concurrently. The case arose from an incident in the intervening night of 30th September 2015 and 1st October 2015, when the appellant kidnapped a 7-year-old girl (PW 1-'X') from the lawful guardianship of her parents at Sindhudurgnagari Railway Station while they were sleeping. He took her to a nearby forest area and sexually assaulted her. After the assault, the victim returned to the platform and informed her parents. PW 7-Arun Shetye, Senior Station Master, informed the police. The appellant fled but was arrested on 1st October 2015. The prosecution examined 18 witnesses, including the victim, her mother (complainant), panch witnesses, medical officer, and investigating officers. The appellant pleaded not guilty. The trial court convicted him. On appeal, the High Court examined the evidence, particularly the testimony of the minor victim. The court found her testimony to be natural, consistent, and credible, and held that minor discrepancies did not affect the core of the prosecution case. The court noted that the victim's age was proved as 7 years, and the medical evidence supported sexual assault. The court upheld the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Rape of Minor - Testimony of Victim - Conviction can be based on sole testimony of victim if found credible and trustworthy, even without corroboration - The court held that the minor victim's testimony was natural, consistent, and reliable, and minor discrepancies did not affect the core case (Paras 5-10). B) Criminal Law - Kidnapping - Minor Victim - The appellant kidnapped a 7-year-old girl from the lawful guardianship of her parents and sexually assaulted her - The court found the evidence of kidnapping and sexual assault proved beyond reasonable doubt (Paras 2-4). C) Criminal Law - POCSO Act - Sections 4, 6, 8 - Aggravated Penetrative Sexual Assault - The appellant committed penetrative sexual assault on a minor below 12 years - The court upheld the conviction under Section 376(2)(i) IPC read with POCSO Act (Paras 1, 11).
Issue of Consideration
Whether the conviction of the appellant under Sections 376(2)(i), 363, 366, 506(2) IPC and Sections 4, 6, 8 of POCSO Act is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Special Judge are upheld.
Law Points
- Testimony of minor victim
- if credible
- can sustain conviction without corroboration
- POCSO Act provisions for sexual assault on minor
- kidnapping and abduction of minor
- criminal intimidation
