Case Note & Summary
The State of Goa appealed against the acquittal of Vasikur Rehaman by the Children's Court, Panaji, in Special Case No. 49/2017. The accused was charged with kidnapping and committing aggravated penetrative sexual assault on an 8-year-old girl under Section 363, 376(2) IPC, Section 8(2) of the Goa Children's Act 2003, and Section 5(m) and 6 of the POCSO Act 2012. The prosecution examined 14 witnesses and the defence examined two. The trial court acquitted the accused on 31 January 2019, finding inconsistencies in the victim's testimony and lack of corroboration. The High Court, in appeal, held that the trial court's findings were not perverse and that the prosecution failed to prove guilt beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Acquittal - Appeal against acquittal - Scope of interference - The High Court in an appeal against acquittal will not interfere unless the findings are perverse or based on no evidence - Held that the trial court's appreciation of evidence was plausible and not perverse (Paras 1-4).
B) Evidence - Child witness - Corroboration - Testimony of a child witness requires corroboration if there are inconsistencies - Held that the victim's testimony was inconsistent and not corroborated by medical evidence or other witnesses (Paras 5-10).
C) Protection of Children from Sexual Offences Act, 2012 - Section 5(m) and 6 - Aggravated penetrative sexual assault - Proof - Medical evidence did not support penetration - Held that the prosecution failed to prove the offence beyond reasonable doubt (Paras 11-15).
Issue of Consideration
Whether the judgment of acquittal passed by the Children's Court is perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused.
Law Points
- Acquittal upheld
- lack of corroboration
- inconsistencies in victim's testimony
- benefit of doubt
- Section 363 IPC
- Section 376(2) IPC
- Section 8(2) Goa Children's Act 2003
- Section 5(m) and 6 POCSO Act 2012
Case Details
2020 LawText (BOM) (08) 33
Criminal Appeal No. 4 of 2020
M. S. Sonak, M. S. Jawalkar
Mr. S. R. Rivankar (Public Prosecutor for State-Appellant), Mr. Rohan Desai (Advocate for Respondent)
State, Through Police Inspector (major) Mapusa Police Station, Mapusa, Goa.
Vasikur Rehaman, s/o. Barikatulla Shaikh, r/o Freitaswado, Verla, Canca, Bardez, Goa.
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Nature of Litigation
Criminal appeal against acquittal in a case involving kidnapping and sexual assault of a minor.
Remedy Sought
State sought setting aside of acquittal and conviction of the accused.
Filing Reason
State appealed against the judgment of acquittal dated 31 January 2019 passed by the Children's Court, Panaji.
Previous Decisions
Children's Court, Panaji acquitted the accused on 31 January 2019 in Special Case No. 49/2017.
Issues
Whether the trial court's judgment of acquittal is perverse and liable to be set aside.
Submissions/Arguments
Learned Public Prosecutor submitted that the order of acquittal is patently erroneous.
Learned Advocate for the respondent supported the acquittal.
Ratio Decidendi
In an appeal against acquittal, the High Court will not interfere unless the findings are perverse or based on no evidence. The trial court's appreciation of evidence was plausible and not perverse.
Judgment Excerpts
The present appeal is preferred by the State against the judgment and order dated 31st January, 2019, passed by the Children’s Court, Panaji in Special Case no.49/2017 acquitting accused of charges under Section 363, 376(2) of I.P.C., Section 8(2) of the Goa Children's Act 2003 and offence under Section 5(m) and Section 6 of the Protection of Children from Sexual Offences Act, 2012.
Learned Public Prosecutor, Shri Rivankar, submitted that the order passed by the Children’s Court acquitting the accused is patently erroneous.
Procedural History
The Children's Court, Panaji acquitted the accused on 31 January 2019. The State appealed to the High Court of Bombay at Goa on 4 February 2020. The High Court heard the appeal and dismissed it on 11 August 2020.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 363, 376(2)
- Goa Children's Act, 2003: 8(2)
- Protection of Children from Sexual Offences Act, 2012 (POCSO): 5(m), 6
- Code of Criminal Procedure, 1973 (CrPC): 221, 222, 223, 313
