Case Note & Summary
The appellant, Swadhinchandra Hariramji Zade, a teacher, was convicted by the Additional Sessions Judge, Amravati in Sessions Trial No.295/2016 for offences under Sections 10 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 354-A of the Indian Penal Code. He was sentenced to rigorous imprisonment for 5 years and 6 months and a total fine of Rs.6,000/-. The prosecution case was that on 4.10.2016, the appellant took the 10-year-old victim into an inner room under the pretext of showing her mistakes in a test, lifted her T-shirt, and sucked her breast. The victim narrated the incident to her parents, and a report was lodged. The appellant denied the charge, claiming false implication. The trial court convicted him. On appeal, the High Court heard arguments. The appellant's counsel argued that the prosecution evidence was inconsistent and that the victim's testimony was not corroborated by other witnesses, who turned hostile. The State supported the conviction. The High Court examined the evidence and found that the victim's testimony was not reliable due to inconsistencies, and the other witnesses did not support the prosecution. Consequently, the court held that the prosecution failed to prove the case beyond reasonable doubt, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Sexual Offences - POCSO Act - Sections 10, 12 - Indian Penal Code - Section 354-A - Conviction set aside - The appellant, a teacher, was convicted for sexually assaulting a 10-year-old student by sucking her breast. The High Court found the victim's testimony inconsistent and unsupported by other witnesses who turned hostile. Held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 10 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 354-A of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the learned Additional Sessions Judge, Amravati in Sessions Trial No.295/2016 are set aside. The appellant is acquitted of all charges. He is directed to be released forthwith if not required in any other case.
Law Points
- Acquittal
- POCSO Act
- Section 10
- Section 12
- Section 354-A IPC
- Inconsistent evidence
- Hostile witnesses
- Benefit of doubt
