Case Note & Summary
The appellant, Kesarinandan Sabhapati Upadhyay, was convicted by the Special Judge, Greater Mumbai, under the Protection of Children from Sexual Offences Act, 2012 (POCSO) for aggravated penetrative sexual assault on a four-year-old girl. The incident occurred on 9 December 2014 when the child was in school. The child's grandmother noticed her disheveled appearance and the child disclosed that 'Chhote Sir' (the appellant) had taken her to the toilet and inserted his penis into her private parts, navel, and mouth, and licked her private parts. The grandmother initially hesitated to report due to fear of defamation but eventually the police registered a case on 17 December 2014. The child's testimony was recorded and she identified the appellant in court. Medical evidence showed injuries on the child's private parts and the absence of hymen, consistent with sexual assault. The appellant was arrested and convicted. On appeal, the Bombay High Court examined the credibility of the child witness, the medical evidence, and the legal principles under POCSO. The court held that the child's testimony was natural, consistent, and reliable, and that medical evidence corroborated her account. The court dismissed the appeal and upheld the conviction and life imprisonment sentence.
Headnote
A) Criminal Law - Child Witness - Credibility - Protection of Children from Sexual Offences Act, 2012, Sections 4, 6 - The court held that the testimony of a child victim, if found credible and reliable, can be the sole basis for conviction without corroboration. The child's consistent and natural narration of the incident, supported by medical evidence, was sufficient to establish the guilt of the accused. (Paras 2-10) B) Criminal Law - Medical Evidence - Corroboration - Protection of Children from Sexual Offences Act, 2012 - The medical evidence showing injuries on the child's private parts and the absence of hymen corroborated the child's account of penetrative sexual assault. The court held that medical evidence, though not mandatory, strengthens the prosecution case. (Paras 5-8) C) Criminal Law - Sentencing - Life Imprisonment - Protection of Children from Sexual Offences Act, 2012, Section 6 - The court upheld the sentence of life imprisonment for aggravated penetrative sexual assault on a four-year-old child, noting the gravity of the offence and the trauma caused to the victim. (Para 10)
Issue of Consideration
Whether the conviction of the appellant under the Protection of Children from Sexual Offences Act, 2012 for aggravated penetrative sexual assault is sustainable based on the testimony of the child victim and medical evidence.
Final Decision
Appeal dismissed. Conviction and sentence of life imprisonment upheld.
Law Points
- Child witness testimony
- credibility of child victim
- corroboration of medical evidence
- presumption under POCSO Act
- sentencing for aggravated penetrative sexual assault
