Case Note & Summary
The appellant, Zhakir Mehfuj Alam Shaikh, was convicted by the Additional Sessions Judge, Vasai, District Thane, in Special Case No.05 of 2013 for offences under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 506 and 323 of the Indian Penal Code (IPC). He was sentenced to life imprisonment for the POCSO offence, along with fines and default sentences, and also ordered to pay compensation of Rs.1 lac each to the two survivors. Aggrieved, he appealed to the Bombay High Court under Section 374(2) of the Code of Criminal Procedure, 1973. The case arose from allegations that the appellant committed aggravated penetrative sexual assault on two minor girls. The prosecution examined the victims and other witnesses, but the trial court convicted the appellant. On appeal, the High Court examined the evidence, particularly the testimony of the victims. The court found material inconsistencies and contradictions in the victims' statements, and noted the lack of independent corroboration, including medical evidence. The court held that the prosecution failed to prove the case beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges. The court directed that the appellant be released forthwith unless required in any other case.
Headnote
A) Criminal Law - POCSO Act - Aggravated Penetrative Sexual Assault - Section 6 of Protection of Children from Sexual Offences Act, 2012 - Conviction based on sole testimony of victim - Held that the testimony of the victim must be reliable and corroborated by other evidence; inconsistencies and contradictions in the victim's statement and lack of medical or other corroboration render the conviction unsafe (Paras 1-23). B) Criminal Law - Indian Penal Code - Criminal Intimidation and Hurt - Sections 506, 323 IPC - Conviction set aside - Held that when the main charge under POCSO fails, the ancillary charges under IPC also cannot stand as they are based on the same incident and evidence (Paras 1-23).
Issue of Consideration
Whether the conviction of the appellant under Section 6 of the POCSO Act and Sections 506, 323 IPC is sustainable based on the evidence on record
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Directed to be released forthwith unless required in any other case.
Law Points
- Conviction under Section 6 of POCSO Act requires proof of aggravated penetrative sexual assault beyond reasonable doubt
- Inconsistencies in victim testimony and lack of independent corroboration lead to acquittal
- Benefit of doubt must be given to accused when prosecution fails to prove case
