Case Note & Summary
The appellant, Amol Maruti Sherkar, was a bus attendant employed by Sinhgad Institute, Pune, and was convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for repeatedly committing penetrative sexual assault on a 4-year-old girl (PW1) who was a student of Mini Kinder Garten at Sinhgad Springdale Pre Primary School. The victim used to travel by school bus no. A7, where the appellant was the attendant. The mother of the victim (PW2) noticed the child complaining of pain in her private parts and on inquiry, the child disclosed that the appellant used to insert his finger into her private parts. The mother immediately contacted the school, but the Head Mistress (PW4) advised her to get a medical examination first instead of reporting to the police. Only after parents agitated and a mob damaged school property, the Head Mistress filed an FIR. The trial court convicted the appellant under Section 4 of the POCSO Act and sentenced him to rigorous imprisonment for 10 years and fine. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of the child victim (PW1), her mother (PW2), the doctor (PW3), and the Head Mistress (PW4). The court found the child's testimony to be natural, consistent, and credible, and noted that the medical evidence (PW3) confirmed the possibility of penetration. The court also criticized the Head Mistress for failing to report the offence as mandated by Section 19 of the POCSO Act. The High Court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Penetrative Sexual Assault - Section 4 of Protection of Children from Sexual Offences Act, 2012 - Conviction based on child victim's testimony - The court upheld the conviction of a school bus attendant for repeatedly committing penetrative sexual assault on a 4-year-old student, relying on the consistent testimony of the child victim (PW1) corroborated by medical evidence and the prompt complaint to the mother. The court held that the child's testimony was credible and trustworthy, and the medical evidence supported the allegation of penetration. (Paras 1-30) B) Criminal Law - Mandatory Reporting - Section 19 of Protection of Children from Sexual Offences Act, 2012 - Failure to report - The court criticized the Head Mistress of the school for failing to report the offence to the police as mandated by Section 19 of the POCSO Act, instead advising the parents to get a medical examination first. The court noted that such inaction is punishable under Section 21 of the Act. (Paras 2-5) C) Evidence Law - Child Witness - Testimony of a child of tender age - The court held that the testimony of a child witness, if found to be credible and reliable, can be the sole basis for conviction without corroboration. In this case, the child's evidence was found to be natural, consistent, and trustworthy. (Paras 15-20)
Issue of Consideration
Whether the conviction of the appellant under Section 4 of the POCSO Act for repeated penetrative sexual assault on a 4-year-old girl is sustainable based on the testimony of the child victim and other evidence.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court under Section 4 of the POCSO Act are upheld.
Law Points
- Penetrative sexual assault
- POCSO Act
- mandatory reporting
- breach of trust
- child witness testimony
- medical evidence
- corroboration
