Case Note & Summary
The appellant, Ganesh Kisan Navale, was convicted by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (POCSO) for sexually assaulting an 11-year-old girl on 1st January 2014. The prosecution alleged that the appellant lured the victim with sweets, took her on his motorbike to a secluded place, removed her clothes, inserted his finger into her vagina, and touched his penis to her vagina. The victim's mother lodged an FIR the same day. The trial court convicted the appellant under Sections 4 and 8 of the POCSO Act. On appeal, the Bombay High Court examined the evidence. The court found material inconsistencies in the victim's testimony, including contradictions regarding the time of the incident and the sequence of events. The medical evidence showed that the victim's hymen was intact with no signs of recent injury, contradicting the allegation of penetration. The delay in lodging the FIR was not satisfactorily explained. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Sexual Offences - POCSO Act - Corroboration of Victim Testimony - The court examined whether the sole testimony of the child victim, without corroboration, was sufficient to sustain a conviction under the POCSO Act. Held that while the testimony of a child witness can be the sole basis for conviction if found reliable, in this case, the prosecutrix's testimony suffered from material inconsistencies and contradictions, and there was no independent corroboration, making it unsafe to convict. (Paras 10-15) B) Criminal Law - Delay in FIR - Unexplained Delay - The FIR was lodged on the same day but after a delay of several hours. The court noted that the delay was not satisfactorily explained by the prosecution, which cast doubt on the veracity of the prosecution case. (Paras 6-8) C) Criminal Law - Medical Evidence - Absence of Injury - In cases of sexual assault, the absence of injuries on the victim's body or genitals does not necessarily negate the offence, but when the medical evidence contradicts the victim's version of penetration, it becomes a significant factor. Held that the medical evidence did not support the allegation of penetration, and the hymen was intact with no signs of recent injury, which weakened the prosecution case. (Paras 16-18)
Issue of Consideration
Whether the conviction of the appellant under Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 is sustainable in light of inconsistencies in the prosecutrix's testimony, lack of corroboration, and unexplained delay in lodging the FIR.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Corroboration of victim testimony
- Delay in FIR
- Medical evidence in sexual offences
- Appreciation of evidence in POCSO cases
