Case Note & Summary
The appellant, Smt. Rajavva, the mother of the victim, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 20.06.2022 passed by the II Additional District and Sessions Judge, Dharwad, in Spl. S.C. No.41/2020, whereby the first respondent/accused was acquitted of the offences punishable under Sections 363, 376, and 506 of the Indian Penal Code, 1860, and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant contended that the trial court failed to examine the father of the victim, who was a material witness, as he was the first person to see the victim after the incident and to whom the victim narrated the incident. The High Court observed that the non-examination of such a material witness rendered the acquittal unsustainable. The court allowed the appeal, set aside the impugned judgment of acquittal, and remanded the matter to the trial court for fresh disposal after affording an opportunity to the prosecution to examine the father of the victim. The court directed the trial court to dispose of the case within six months from the date of receipt of the records.
Headnote
A) Criminal Procedure Code, 1973 - Section 372 - Right of Victim to Appeal - The proviso to Section 372 CrPC confers a statutory right on the victim to appeal against an order of acquittal. The appellant, being the mother of the victim, is a 'victim' under Section 2(wa) CrPC and is entitled to maintain the appeal. (Para 1) B) Protection of Children from Sexual Offences Act, 2012 - Section 6 - Aggravated Penetrative Sexual Assault - Non-Examination of Material Witness - The trial court acquitted the accused under Section 6 of the POCSO Act and Sections 363, 376, 506 IPC. The father of the victim, who was the first person to see the victim after the incident and to whom the victim narrated the incident, was not examined. The non-examination of such a material witness vitiates the acquittal. (Paras 3-5) C) Indian Penal Code, 1860 - Sections 363, 376, 506 - Kidnapping, Rape, Criminal Intimidation - Acquittal Set Aside - The trial court's judgment of acquittal dated 20.06.2022 in Spl. S.C. No.41/2020 is set aside. The matter is remanded to the trial court for fresh disposal after affording an opportunity to the prosecution to examine the father of the victim. (Para 6)
Issue of Consideration
Whether the trial court was justified in acquitting the accused under the POCSO Act and IPC when the father of the victim, a material witness, was not examined.
Final Decision
Appeal allowed. Impugned judgment of acquittal dated 20.06.2022 in Spl. S.C. No.41/2020 is set aside. Matter remanded to trial court for fresh disposal after affording opportunity to examine the father of the victim. Trial court to dispose of the case within six months from receipt of records.
Law Points
- Right of victim to appeal against acquittal under Section 372 CrPC
- Duty of trial court to examine material witnesses
- Effect of non-examination of father as a witness in POCSO case
