Case Note & Summary
The appellant, Janak Bishu Karma, a security guard, was convicted by the Children's Court for the State of Goa for multiple offences including sexual assault and rape of two minor girls aged 13 and 14 years. The victims were residents of the same building where the appellant worked. The prosecution case was that the appellant sexually assaulted the victims on multiple occasions between 2014 and 2015. The trial court convicted the appellant under Sections 354, 354-A, 354-B, 323, 324, 506(ii), 376(2)(i) and (n) of IPC, Sections 3, 4, 5(l)(m)(n), 6, 7, 8 of the Protection of Children from Sexual Offences Act, 2012, and Section 2(y)(i)(ii)(iii) punishable under Section 8(2) of the Goa Children's Act, 2003. The appellant was sentenced to rigorous imprisonment for 10 years for the rape offences, 3 years for sexual assault, and other terms for lesser offences, with fines. The appellant appealed against the conviction and sentence. The High Court of Bombay at Goa heard the appeal. The court examined the evidence of the victims, medical evidence, and the legal principles regarding child witnesses. The court found the testimony of the victims to be natural, consistent, and credible. The medical evidence corroborated the sexual assault. The court also noted that the appellant failed to rebut the presumption under Section 29 of the POCSO Act. The court held that the conviction was sustainable and the sentences were proportionate. The appeal was dismissed.
Headnote
A) Criminal Law - Child Witness - Credibility - Testimony of minor victims, if found credible and consistent, can be relied upon without corroboration - The court held that the evidence of the two minor victims was natural, consistent, and trustworthy, and their testimony alone was sufficient to sustain the conviction (Paras 10-15). B) Criminal Law - POCSO Act - Presumption - Section 29 of POCSO Act raises presumption of guilt - The court noted that the appellant failed to rebut the presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 (Paras 16-18). C) Criminal Law - Medical Evidence - Corroboration - Medical evidence corroborating sexual assault is not mandatory but can lend support - The medical evidence in this case corroborated the victims' testimony (Paras 19-21). D) Criminal Law - Sentencing - Multiple Offences - Concurrent sentences for offences arising from same transaction - The court upheld the concurrent sentences imposed by the trial court, finding them proportionate (Paras 22-25).
Issue of Consideration
Whether the conviction of the appellant for offences under IPC and POCSO Act is sustainable based on the testimony of minor victims and medical evidence.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the Children's Court are upheld.
Law Points
- Credibility of child witness
- Corroboration not essential
- POCSO Act presumption
- Medical evidence corroboration
- Sentencing for multiple offences
