Case Note & Summary
The appellant, Dinesh @ Nitin Ukandrao Khandate, was convicted by the Special Court under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Indian Penal Code for allegedly groping a 15-year-old girl during a religious procession. The prosecution case was that on 16.04.2015, around 9:00 p.m., the victim was participating in a procession when someone held her from behind and grabbed her breasts. She turned and identified the accused. She informed her parents, and they went to the accused's house, where he allegedly abused and threatened them. The police registered a crime and investigated. The trial court convicted the appellant under Section 8 of the POCSO Act, Section 354 and 506 IPC, sentencing him to three years' rigorous imprisonment. On appeal, the High Court examined the evidence. The victim's testimony was found to be inconsistent with the FIR and the evidence of her father and other witnesses. The father stated that the victim told him the accused had caught her hand, not her breasts. The victim herself admitted in cross-examination that she had not seen the accused holding her breasts. The medical examination was not conducted as the victim refused. The High Court held that the prosecution failed to prove the case beyond reasonable doubt. The contradictions in the victim's testimony and the lack of corroboration from independent witnesses (the procession had many participants) created doubt. The court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Sexual Offences - Appreciation of Evidence - Section 8 of Protection of Children from Sexual Offences Act, 2012, Section 354 and 506 Indian Penal Code - Conviction based solely on uncorroborated testimony of victim - Held that in the absence of corroboration and in view of material contradictions and inconsistencies in the prosecution case, the accused is entitled to benefit of doubt (Paras 10-12). B) Criminal Law - POCSO Act - Section 42 - Non-obstante clause - Sentence - Section 42 of Protection of Children from Sexual Offences Act, 2012 - Where an act constitutes an offence under both POCSO Act and IPC, the offender shall be liable for punishment under the Act which provides greater punishment - Held that no separate sentence under Section 354 IPC is required (Para 3).
Issue of Consideration
Whether the conviction of the appellant under Section 8 of the POCSO Act, Section 354 and 506 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The judgment and order of conviction dated 03.01.2020 in Special (POCSO) Case No. 85/2016 is set aside. The appellant is acquitted of all charges. His bail bonds stand discharged.
Law Points
- Section 8 of POCSO Act
- Section 354 IPC
- Section 506 IPC
- Section 42 of POCSO Act
- Appreciation of evidence in sexual offences
- Corroboration of victim testimony
- Benefit of doubt
