Case Note & Summary
The appellant, Mahesh Sambhaji Chafle, was convicted by the Special Judge, Hingoli, under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for committing penetrative sexual assault on a 9-year-old boy. The incident occurred on 18-02-2015 when the victim, after returning from school, was asked by the appellant to buy a tobacco packet. The appellant then took the victim to his house, removed his clothes, and committed unnatural intercourse by inserting his penis into the victim's anus. The victim reported the incident to his mother and father, and the next day, the victim himself lodged an FIR. The trial court convicted the appellant and sentenced him to seven years rigorous imprisonment and a fine of Rs.35,000/-. The appellant appealed against the conviction. The High Court examined the evidence, particularly the testimony of the child victim, and found it credible and reliable. The court held that the sole testimony of the child victim is sufficient to sustain a conviction under the POCSO Act if it inspires confidence. The court also noted that the medical evidence corroborated the victim's version. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Child Sexual Abuse - Sole Testimony of Victim - Sufficiency - The court held that the testimony of the child victim alone, if found credible and reliable, is sufficient to convict the accused under the POCSO Act, 2012. The court relied on the principle that no corroboration is required when the child's evidence inspires confidence. (Paras 10-15) B) Criminal Law - POCSO Act - Section 4 - Aggravated Penetrative Sexual Assault - Unnatural Intercourse - The court held that the act of the accused inserting his penis into the anus of the 9-year-old victim constitutes 'penetrative sexual assault' under Section 3 of the POCSO Act, punishable under Section 4. The court noted that the POCSO Act is a special law and overrides the Indian Penal Code for such offences. (Paras 5-9) C) Criminal Law - Sentencing - POCSO Act - Minimum Sentence - The court upheld the sentence of seven years rigorous imprisonment and fine of Rs.35,000/- under Section 4 of the POCSO Act, noting that the minimum sentence is seven years and the trial court had imposed the minimum. (Paras 16-18)
Issue of Consideration
Whether the conviction of the appellant under Section 4 of the Protection of Children from Sexual Offences Act, 2012 is sustainable based on the sole testimony of the child victim.
Final Decision
Appeal dismissed. Conviction and sentence under Section 4 of POCSO Act upheld.
Law Points
- Testimony of child victim alone sufficient for conviction if credible
- POCSO Act provisions override IPC for sexual offences against children
- Section 4 POCSO Act covers unnatural intercourse
- Section 377 IPC not required when POCSO applies
