Case Note & Summary
The judgment arises from three appeals against the conviction and sentence of Osban Fernandes (A.1) and Ramesh Bagve (A.2) by the Children's Court at Goa in Special Case No.73/2013. The appellants were convicted for kidnapping, attempt to murder, sexual assault, and aggravated penetrative sexual assault of a minor girl. The prosecution case was that on 12th August 2013, the victim, a 14-year-old girl, was kidnapped by the appellants from near her school in Collem, Goa. She was taken to a secluded place, sexually assaulted repeatedly, and later thrown from a moving vehicle, sustaining serious injuries. The victim was rescued and admitted to hospital. The trial court convicted the appellants under Sections 364, 307, 354-B, 354, 376(2)(n) IPC and Section 6 of the POCSO Act, sentencing them to life imprisonment and fine. The appellants challenged the conviction on grounds of lack of evidence, contradictions in victim's testimony, and delay in FIR. The State appealed for enhancement of sentence. The High Court, after hearing arguments, upheld the conviction, finding the victim's testimony credible and corroborated by medical evidence. The court noted that the delay in FIR was explained by the victim's trauma. The court also held that the act of throwing the victim from a moving vehicle constituted attempt to murder. The appeals were dismissed, and the State's appeal for enhancement was also dismissed as the sentence was already life imprisonment.
Headnote
A) Criminal Law - Kidnapping - Section 364 IPC - Life Imprisonment - Conviction upheld where victim was kidnapped and subjected to sexual assault - Court held that testimony of minor victim, corroborated by medical evidence, was sufficient to prove kidnapping (Paras 10-25) B) Criminal Law - Attempt to Murder - Section 307 IPC - Life Imprisonment - Conviction upheld where victim was thrown from moving vehicle after assault - Court held that act of throwing from vehicle with intent to cause death constitutes attempt to murder (Paras 26-30) C) Criminal Law - Sexual Assault - Section 376(2)(n) IPC and Section 6 POCSO Act - Life Imprisonment - Conviction upheld based on victim's testimony and medical evidence of injuries - Court held that repeated sexual assault on minor by person in position of trust falls under aggravated penetrative sexual assault (Paras 31-40) D) Criminal Law - Delay in FIR - Not fatal if explained - Court held that delay of 2 days in lodging FIR was satisfactorily explained by victim's trauma and family circumstances (Paras 41-45) E) Evidence Law - Testimony of Minor - Corroboration - Court held that testimony of minor victim, if found credible, can form basis of conviction without corroboration, but in this case medical evidence provided corroboration (Paras 46-50)
Issue of Consideration
Whether the conviction of the appellants under Sections 364, 307, 354-B, 354, 376(2)(n) IPC and Section 6 of POCSO Act is sustainable based on the evidence of the minor victim and medical evidence
Final Decision
All three appeals dismissed. Conviction and sentence of life imprisonment and fine upheld.
Law Points
- Testimony of minor victim
- if credible
- can sustain conviction without corroboration
- Medical evidence corroborating sexual assault
- Section 164 CrPC statement can be used for contradiction
- Delay in FIR not fatal if explained
- Section 27 of Evidence Act discovery of weapon admissible
