Case Note & Summary
The appellant, Devilal Kurmi, was convicted by the Children's Court for the State of Goa at Panaji for offences under Sections 2(y)(i) and 2(y)(ii) punishable under Section 8(2) of the Goa Children's Act, 2003. The prosecution alleged that before 09.10.2010, near Bambolim beach, the appellant committed grave sexual assault on a minor girl by inserting his finger in her private part and his private part in her mouth, and on a minor boy by showing his private part and touching it to the boy's private part. The trial court framed charges initially on 16.03.2011 under Section 2(y)(ii) and later added a charge under Section 2(y)(i) on 29.07.2013. The prosecution examined eleven witnesses. The appellant did not examine himself or lead defence evidence. The trial court convicted and sentenced him to rigorous imprisonment for ten years and fine for the first offence, and three years and fine for the second, with sentences to run concurrently. On appeal, the High Court of Bombay at Goa heard arguments. The appellant's counsel argued that the accused was a minor at the time of the offence, but the court did not decide on that ground. Instead, the High Court found that the evidence of the child witnesses was inconsistent and lacked corroboration. The court held that the prosecution failed to prove its case beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant. The court directed his release unless required in any other case.
Headnote
A) Criminal Law - Child Sexual Abuse - Goa Children's Act, 2003 - Sections 2(y)(i), 2(y)(ii), 8(2) - Conviction set aside - The appellant was convicted for grave sexual assault on minor victims. The High Court found the testimony of the child witnesses inconsistent and lacking corroboration. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to acquittal. (Paras 2-5) B) Evidence Law - Child Witness - Credibility - Inconsistent Testimony - The court noted that the evidence of the minor victims was contradictory and not supported by other witnesses. The court held that such testimony cannot form the basis of a conviction without corroboration. (Paras 3-5)
Issue of Consideration
Whether the conviction of the appellant under Sections 2(y)(i) and 2(y)(ii) punishable under Section 8(2) of the Goa Children's Act, 2003 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Directed to be released unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistent testimony
- Lack of corroboration
- Age determination
- Standard of proof beyond reasonable doubt
