Case Note & Summary
The appellant, Pravin Narayan Khole, was convicted by the Additional Sessions Judge, Pusad in Special (Child) Case No.9/2014 for offences under Sections 8, 10, 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 506 of the Indian Penal Code, 1860 (IPC). He was sentenced to simple imprisonment for 5 years under Section 10 of the POCSO Act, with a total fine of Rs. 12,000/- and default clause. The trial court also acquitted him of the offence under Section 376(1) IPC. The State did not challenge the acquittal or seek enhancement of sentence. The prosecution case was that the mother of an 11-year-old victim girl lodged a report on 12.03.2014 alleging that the accused had committed sexual assault on her daughter. The victim had sustained an injury to her right hand and was taken to the hospital for treatment. Later, the mother noticed behavioral changes in the victim, and upon enquiry, the victim disclosed that the accused had sexually assaulted her. The victim testified that the accused had touched her private parts and threatened her. However, her testimony was found to be inconsistent and contradictory. The medical evidence did not support the allegations of sexual assault. The High Court, after hearing the parties, found that the prosecution failed to prove the case beyond reasonable doubt. The court noted that the victim's evidence was unreliable and lacked corroboration. The presumption under Section 29 of the POCSO Act was rebutted by the inconsistencies in the prosecution case. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Appreciation of Evidence - Inconsistent Testimony - Protection of Children from Sexual Offences Act, 2012, Sections 8, 10, 12; Indian Penal Code, 1860, Section 506 - The victim's testimony was found to be inconsistent and contradictory regarding the alleged sexual assault. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the conviction was set aside. (Paras 2-10) B) Criminal Law - Medical Evidence - Lack of Corroboration - Protection of Children from Sexual Offences Act, 2012, Sections 8, 10, 12 - The medical evidence did not support the allegations of sexual assault. The court noted that the absence of corroborative medical evidence weakened the prosecution's case. (Paras 5-8) C) Criminal Law - Presumption under POCSO Act - Rebuttal - Protection of Children from Sexual Offences Act, 2012, Section 29 - The presumption under Section 29 of the POCSO Act is rebuttable. In this case, the inconsistencies in the victim's testimony and lack of corroboration rebutted the presumption, leading to acquittal. (Paras 9-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 8, 10, 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 506 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled. Fine, if paid, to be refunded.
Law Points
- Appreciation of evidence in sexual offences
- Corroboration of victim testimony
- Standard of proof in criminal cases
- Presumption under POCSO Act
