Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 05.01.2019 passed by the Additional Sessions Judge-1, Gondia (Designated Court) under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in Special (POCSO) Case No.17 of 2018, whereby the respondent Gopal s/o Nilkanth Janbandu was acquitted of charges under Sections 376(2-f), (i), (j), 354-A, 354-B of the Indian Penal Code (IPC) and Sections 4, 5(c), (m), 9(f) punishable under Section 10 of the POCSO Act. The prosecution case was that on 02.12.2017, Victim No.2 informed her mother (informant) that the accused, a teacher, had been sexually assaulting her and two other girls in the school classroom since one month. The accused allegedly closed doors and windows, made them lie under tables, and inserted his finger into Victim No.2's private part. The informant later learned similar incidents happened with the other two victims. On 05.12.2017, a report was lodged and FIR registered. After investigation, charge-sheet was filed. The trial court framed charges, but the accused pleaded not guilty. During trial, the prosecution examined witnesses including the victim girls and their parents. However, the victim girls turned hostile and did not support the prosecution case. The trial court, after considering the evidence, acquitted the accused giving him benefit of doubt. The State appealed. The High Court, after hearing the Additional Public Prosecutor for the appellant and the advocate for the respondent, found that the trial court's judgment was based on proper appreciation of evidence and was not perverse. The High Court noted that the victim girls had turned hostile and their testimony did not inspire confidence. The medical evidence also did not support the case of penetration. Therefore, the High Court dismissed the appeal and upheld the acquittal.
Headnote
A) Criminal Law - Acquittal Appeal - POCSO Act - Hostile Witness - The State appealed against acquittal of a teacher charged with sexual assault of minor girls. The trial court acquitted based on inconsistent testimony of victim and hostile witnesses. The High Court held that the prosecution failed to prove guilt beyond reasonable doubt, and the trial court's findings were not perverse. (Paras 1-10) B) Evidence Law - Hostile Witness - Corroboration - The victim turned hostile and did not support prosecution case. The High Court held that in absence of credible evidence, acquittal cannot be interfered with. (Paras 6-10)
Issue of Consideration
Whether the acquittal of the respondent for offences under POCSO Act and IPC is sustainable in law.
Final Decision
The High Court dismissed the appeal and upheld the judgment and order of acquittal passed by the trial court.
Law Points
- Acquittal upheld
- Hostile witness
- Inconsistent testimony
- Lack of corroboration
- Benefit of doubt
- POCSO Act
- Indian Penal Code
