Case Note & Summary
The appellant, Tukaram Pandurang Mhaske, was convicted by the Designated Judge under the POCSO Act for offences under Sections 376 and 506(II) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. He was sentenced to life imprisonment and fines. The victim was the appellant's daughter-in-law, a minor at the time of the incident. She married the appellant's son on 31/12/2012 and resided in the matrimonial home. The appellant, his wife, son, and daughter lived together. The appellant worked as a garbage van driver for the Municipal Corporation, with duty hours from 6 a.m. to 10:30 a.m. The victim's husband worked from 7 a.m. to 6 p.m., and her mother-in-law worked as a maid from 7 a.m. to 5:30 p.m. The sister-in-law attended school from noon to 6 p.m. Thus, the victim and appellant were often alone at home. In July 2013, the appellant began behaving inappropriately and subsequently sexually assaulted the victim multiple times, threatening her not to disclose. The victim became pregnant and eventually informed her mother, leading to an FIR on 30/09/2013. The trial court convicted the appellant. The High Court considered the appeal challenging the conviction. The court analyzed the victim's testimony, medical evidence, and the promptness of the FIR. The victim's deposition was found to be consistent, natural, and credible. The medical evidence confirmed pregnancy, corroborating the assault. The defence argued false implication due to property disputes, but the court found no motive for the victim to falsely implicate her father-in-law. The court held that the sole testimony of the victim, if credible, is sufficient for conviction. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape - Aggravated Penetrative Sexual Assault - Sections 376, 506(II) IPC and Section 6 POCSO Act - Conviction based on sole testimony of victim - The appellant, father-in-law of the minor victim, was convicted for repeated sexual assault. The court held that the victim's testimony was credible, corroborated by medical evidence and prompt FIR, and upheld the conviction and life sentence. (Paras 1-19) B) Evidence Law - Child Witness - Testimony of Victim - Credibility - The victim's consistent and natural deposition, coupled with lack of motive to falsely implicate, was sufficient to sustain conviction. The court rejected the defence of false implication due to property disputes. (Paras 10-15) C) Sentencing - Life Imprisonment - Aggravated Penetrative Sexual Assault - Section 6 POCSO Act - The minimum sentence of life imprisonment under Section 6 is mandatory for aggravated penetrative sexual assault on a child below 16 years. The court affirmed the sentence. (Paras 16-19)
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 506(II) IPC and Section 6 of the POCSO Act is sustainable based on the evidence on record
Final Decision
Appeal dismissed. Conviction and sentence under Sections 376 and 506(II) IPC and Section 6 POCSO Act upheld.
Law Points
- Conviction under Section 376 IPC and Section 6 POCSO Act can be based on sole testimony of victim if found credible
- Corroboration by medical evidence and prompt FIR
- Sentence of life imprisonment for aggravated penetrative sexual assault on minor
