Case Note & Summary
The appellant, Devanand S/o Tarakram Bhagat, was convicted by the Additional Sessions Judge, Achalpur, in Spl. (POCSO) Case No. 122/2016 for offences under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376(2)(f) and 506(2) of the Indian Penal Code (IPC). He was sentenced to life imprisonment and a fine of Rs. 5,000/- with a default sentence. The prosecution case was that the appellant, who was living with the informant (mother of the victim) as husband and wife, had been sexually assaulting the 11-year-old victim for about a month prior to the filing of the report. The informant had deserted her husband and was living with the appellant and her daughter. The appellant used to remove his clothes and ask the victim to massage his legs and hands, and on 2-3 occasions inserted his private part into the victim's mouth. On 20/06/2016, the informant caught the appellant in the act of molesting the victim, and the next day she lodged an FIR. The defence of the appellant was denial and false implication, alleging that the informant lodged a false report to receive compensation from the government. The trial court convicted the appellant after examining 7 prosecution witnesses. The appellant appealed to the High Court. The High Court, after hearing arguments and perusing the evidence, found that the testimony of the victim (PW 4) was credible and trustworthy, and was corroborated by the medical evidence (PW 6 Doctor) which showed evidence of sexual assault, and by the testimony of the informant (PW 2). The court held that the prosecution had proved the case beyond reasonable doubt. The court also noted that the victim was below 12 years of age, attracting Section 376(2)(f) IPC. The court found no merit in the appeal and dismissed it, upholding the conviction and sentence.
Headnote
A) Criminal Law - Sexual Offences - POCSO Act - Testimony of Victim - The testimony of the victim of sexual assault is considered credible and can be relied upon without corroboration if found trustworthy and cogent. In this case, the victim's testimony was consistent and corroborated by medical evidence and the testimony of her mother. (Paras 4-6) B) Criminal Law - Sexual Offences - POCSO Act - Aggravated Penetrative Sexual Assault - Section 4 of the Protection of Children from Sexual Offences Act, 2012 - The appellant was convicted for aggravated penetrative sexual assault under Section 4 of the POCSO Act for inserting his private part into the victim's mouth. The court held that the prosecution proved the case beyond reasonable doubt based on the victim's testimony and medical evidence. (Paras 4-7) C) Criminal Law - Sexual Offences - Indian Penal Code - Rape - Section 376(2)(f) of the Indian Penal Code, 1860 - The appellant was convicted for rape under Section 376(2)(f) IPC for committing rape on a child below 12 years of age. The court upheld the conviction, noting that the victim was 11 years old at the time of the incident. (Paras 4-7) D) Criminal Law - Sentencing - Life Imprisonment - The court upheld the sentence of life imprisonment and fine of Rs. 5,000/- with default sentence, finding no grounds for interference. The sentence was proportionate to the gravity of the offence. (Para 7)
Issue of Consideration
Whether the conviction of the appellant under Section 4 of the POCSO Act and Sections 376(2)(f) and 506(2) of the IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Testimony of victim of sexual assault is credible and can be relied upon without corroboration if found trustworthy
- Medical evidence corroborating sexual assault
- Conviction under Section 4 of POCSO Act and Section 376(2)(f) IPC for penetrative sexual assault on a minor
- Life imprisonment for aggravated penetrative sexual assault on a child below 12 years
