Case Note & Summary
The appellant, Momin Mazhar alias Babbu, was convicted by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for offences under Section 7 punishable under Section 8 of the Act. The prosecution case was that the appellant, a tenant in the same premises, forcibly had sexual intercourse with the 17-year-old prosecutrix on multiple occasions, resulting in pregnancy. She delivered a child who was allegedly murdered by the appellant. The FIR was lodged on 21.01.2014, after the dead body of the newborn was found. The trial court convicted the appellant under Section 7/8 of POCSO Act, but acquitted him of murder charges. The appellant appealed against the conviction. The High Court examined the evidence, noting that the prosecutrix's testimony was inconsistent regarding her age, the place of incident, and the nature of the sexual act. Medical evidence did not support penetrative assault, and there was no injury on the victim or accused. The court also noted unexplained delay in lodging the FIR. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was based on unreliable evidence. The appeal was allowed, and the appellant was acquitted.
Headnote
A) Criminal Law - Appreciation of Evidence - Sexual Offences - POCSO Act, 2012, Sections 7, 8 - Conviction based solely on testimony of prosecutrix - Held that while conviction can be based on sole testimony of victim, it must be reliable, trustworthy, and free from contradictions - Inconsistencies in prosecutrix's evidence regarding age, place of incident, and nature of act rendered her testimony unreliable (Paras 10-15). B) Criminal Law - Medical Evidence - POCSO Act, 2012, Sections 7, 8 - Absence of corroboration - Medical evidence did not support penetrative sexual assault - No injury on victim or accused - Held that medical evidence is not conclusive but can be used to test veracity of prosecution case - In this case, medical evidence contradicted prosecutrix's claim of forcible intercourse (Paras 16-18). C) Criminal Law - Delay in FIR - POCSO Act, 2012 - FIR lodged after discovery of dead body - Delay of over two months in reporting sexual assault - Held that delay in lodging FIR is not fatal if satisfactorily explained, but unexplained delay casts doubt on prosecution case - In this case, delay was not properly explained (Paras 19-20).
Issue of Consideration
Whether the conviction of the appellant under Section 7 punishable under Section 8 of the POCSO Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of offence under Section 7 punishable under Section 8 of the POCSO Act. Bail bonds cancelled.
Law Points
- Appreciation of evidence in sexual offences
- Corroboration of victim testimony
- Medical evidence in POCSO cases
- Delay in FIR
- Child witness testimony
