Case Note & Summary
The appellant, Khalil Mehboob Shaikh, was convicted by the Designated Court under the Protection of Children from Sexual Offences Act, 2012, for offences punishable under Sections 323 and 377 of the Indian Penal Code and Section 6 of the POCSO Act. The incident occurred on 14th February 2013 when police patrolling staff received information about suspicious persons on the terrace of a building in Railway Colony. Upon reaching the terrace, police officers P.W.1 Sujit Manohar Mone and others saw the appellant completely naked, committing an unnatural act on a minor boy who was also naked and crying. The appellant was apprehended on the spot. The victim, a 16-year-old orphan, was brought to Mumbai by his grandparents. The prosecution examined police witnesses, the victim (though he turned hostile), and medical evidence including an ossification test and FSL report. The trial court convicted the appellant, sentencing him to 10 years rigorous imprisonment under Section 377 IPC and Section 6 POCSO Act, and one year under Section 323 IPC. The appellant appealed against the conviction. The High Court upheld the conviction, finding the testimony of police witnesses credible and corroborated by medical evidence. The court noted that the victim's age was proved by ossification test and school records. The sentence was held not excessive given the gravity of the offence. The appeal was dismissed.
Headnote
A) Criminal Law - Unnatural Offences - Section 377 IPC - Conviction based on police witnesses - Testimony of police officials who caught the accused red-handed while committing unnatural act on a minor boy is credible and reliable, especially when corroborated by medical evidence and FSL report - Held that the prosecution proved the case beyond reasonable doubt (Paras 1-10) B) Protection of Children from Sexual Offences - Aggravated Penetrative Sexual Assault - Section 6 POCSO Act - Age of victim - Victim's age determined as 16 years based on ossification test and school leaving certificate - Accused convicted for aggravated penetrative sexual assault - Sentence of 10 years RI upheld as not excessive (Paras 11-15) C) Criminal Law - Hurt - Section 323 IPC - Minor injuries - Conviction for voluntarily causing hurt to the victim during the assault is sustainable (Para 1)
Issue of Consideration
Whether the conviction of the appellant under Sections 323, 377 IPC and Section 6 of the POCSO Act is sustainable based on the evidence of police witnesses and medical report
Final Decision
Appeal dismissed. Conviction and sentence upheld.
Law Points
- Conviction under Section 377 IPC and Section 6 POCSO Act can be based on testimony of police witnesses if credible and corroborated by medical evidence
- Age of victim can be determined by ossification test and school records
- Sentence of 10 years rigorous imprisonment is not excessive for aggravated penetrative sexual assault on a child
