Case Note & Summary
The appellant, Vikram Sakharam Jadhav, was a tuition teacher conducting classes under the name Gurukul Coaching Class. The victim, a minor boy aged about 14 years, was attending Sanskrit tuition since 2013. On 27th December 2013, the victim's father, Mohan Bhopi, lodged a complaint alleging that the appellant had sexually assaulted his son. The prosecution case was that on the said date, the appellant called the victim to his room, touched his private parts, and made the victim touch his private parts. The victim resisted and informed his parents. The father along with the victim went to the tuition class, assaulted the appellant, and the police were called. The appellant was arrested and charged under Section 355 IPC and Section 9(l)(o)(p) r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The trial court convicted the appellant and sentenced him to rigorous imprisonment for one year under Section 355 IPC and five years under POCSO Act. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of the victim (PW-1), his father (PW-2), and the medical officer (PW-3). The court noted that the victim's testimony was consistent and corroborated by the FIR and medical evidence. The court held that the victim was a reliable witness and his deposition inspired confidence. The court also observed that the appellant's conduct of assaulting the victim constituted sexual assault under the POCSO Act. The court found no merit in the appeal and dismissed it, upholding the conviction and sentence.
Headnote
A) Criminal Law - Sexual Assault - POCSO Act - Section 9(l)(o)(p) r/w Section 10 - The appellant, a tuition teacher, was convicted for sexually assaulting a minor student by touching his private parts and making him touch the appellant's private parts. The court held that the victim's testimony was credible and corroborated by medical evidence and the FIR, and the conviction was upheld. (Paras 1-10) B) Evidence Law - Child Witness - Credibility - The court held that the testimony of a child witness, if found to be truthful and corroborated, can be relied upon to base a conviction. The victim's consistent deposition and the prompt lodging of FIR supported the prosecution case. (Paras 5-8) C) Criminal Law - Assault - Section 355 IPC - The appellant was also convicted under Section 355 IPC for assaulting the victim with intent to outrage modesty. The court found that the act of the appellant constituted assault under this section. (Paras 1, 10)
Issue of Consideration
Whether the conviction of the appellant under Section 355 IPC and Section 9(l)(o)(p) r/w Section 10 of POCSO Act is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Credibility of child witness
- Corroboration of testimony
- Sexual assault under POCSO Act
- Section 355 IPC
- Section 9(l)(o)(p) POCSO Act
- Section 10 POCSO Act
