Case Note & Summary
The appellant, Smt. Rajavva, the mother of the victim, filed an appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment dated 20.06.2022 passed by the II Additional District and Sessions Judge, Dharwad, in Spl. S.C. No.41/2020, whereby the accused (respondent No.1) was acquitted of offences under Sections 363, 376, 506 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The victim, a minor girl, was kidnapped and subjected to aggravated penetrative sexual assault by the accused. The trial court disbelieved the victim's testimony and acquitted the accused. The High Court, on appeal, reappreciated the evidence and found that the victim's testimony was consistent, credible, and corroborated by medical evidence and other circumstances. The court held that the trial court had erred in not applying the statutory presumptions under Sections 29 and 30 of the POCSO Act. Consequently, the High Court allowed the appeal, set aside the acquittal, and convicted the accused for the said offences, sentencing him to rigorous imprisonment for life under Section 6 of the POCSO Act, along with other sentences.
Headnote
A) Criminal Law - Rape and Kidnapping - Sections 363, 376, 506 IPC - Victim's Testimony - The trial court erred in disbelieving the victim's testimony which was consistent and corroborated by medical evidence and other circumstances; the conviction was restored. (Paras 10-15) B) POCSO Act - Aggravated Penetrative Sexual Assault - Section 6 - Presumption under Sections 29 and 30 - The trial court failed to apply the statutory presumption that the accused committed the offence; the acquittal was set aside. (Paras 16-20) C) Criminal Procedure Code - Appeal against Acquittal - Section 372 - The complainant mother has a right to appeal against acquittal; the High Court can reappreciate evidence and reverse acquittal if perverse. (Paras 1-5)
Issue of Consideration
Whether the trial court was justified in acquitting the accused for offences under Sections 363, 376, 506 IPC and Section 6 of the POCSO Act, 2012, despite the consistent testimony of the victim and the presumption under the POCSO Act.
Final Decision
The High Court allowed the appeal, set aside the acquittal, and convicted the accused for offences under Sections 363, 376, 506 IPC and Section 6 of the POCSO Act. The accused was sentenced to rigorous imprisonment for life under Section 6 of the POCSO Act, along with other sentences.
Law Points
- Victim's testimony in sexual offences is credible if found to be trustworthy
- no corroboration required
- POCSO Act Section 29 presumption
- Section 30 presumption
- Section 6 aggravated penetrative sexual assault
- Section 363 kidnapping
- Section 376 rape
- Section 506 criminal intimidation
