Case Note & Summary
The appellant, Prakash Dhansing Chavan, was convicted by the Special Judge and Additional Sessions Judge (Link Court), Mehkar in Special POCSO Case No. 2/2015 for offenses under Section 376 of the Indian Penal Code (IPC), Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), and Section 11 of the Prohibition of Child Marriage Act, 2006. He was sentenced to life imprisonment and fine. The prosecution case was that the victim, the appellant's daughter, was a minor (about 14 years) at the time of the offense. The appellant repeatedly raped her, resulting in two pregnancies which were aborted. She was later married off while still a minor to one Santosh. After marriage, her mother-in-law discovered she was pregnant (4½ months) and helped her file a complaint against the appellant and his brother. The trial court acquitted the appellant's brother for want of conclusive evidence but convicted the appellant. The High Court, in appeal, heard the appellant's counsel (appointed under Legal Aid) and the State's counsel. The court examined the evidence, including the victim's testimony, medical evidence, and other records. The court found the victim's testimony credible and consistent, and held that the prosecution had proved its case beyond reasonable doubt. The court upheld the conviction and sentence, dismissing the appeal. The judgment was reserved on 15.12.2021 and pronounced on 18.12.2021.
Headnote
A) Criminal Law - Rape of Minor - Section 376 IPC, Section 6 POCSO Act - Conviction based on sole testimony of victim - The court held that the testimony of the victim, if found credible and trustworthy, is sufficient to base a conviction without corroboration, especially in cases of sexual offenses against minors. (Paras 1-5) B) Criminal Law - Child Marriage - Section 11 Prohibition of Child Marriage Act, 2006 - Marriage of minor - The appellant was convicted for marrying off his minor daughter, which is an offense under the Act. (Paras 2-4) C) Evidence Law - Age Determination - Medical evidence and school records - The victim's age was determined to be about 14 years at the time of the offense based on medical evidence and other records. (Para 4)
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC, Section 6 POCSO Act, and Section 11 of the Prohibition of Child Marriage Act, 2006 is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 376 IPC, Section 6 POCSO Act, and Section 11 of the Prohibition of Child Marriage Act, 2006 are upheld.
Law Points
- Testimony of victim alone sufficient for conviction if credible
- Section 376 IPC
- Section 6 POCSO Act
- Section 11 Prohibition of Child Marriage Act
- 2006
- Age determination of victim
- Corroboration not mandatory in sexual offenses
