Case Note & Summary
The appellant, Mahadev Gurling Kamble, was convicted by the Special Judge under the POCSO Act, Sangli, for offences punishable under Section 354A(i)(2) of the Indian Penal Code and Sections 8, 10, and 12 of the Protection of Children from Sexual Offences Act, 2012. The incident occurred on 11 April 2014 when the victim, an 11-year-old girl, went to fetch water. The appellant, her relative, showed her obscene pictures on his cell phone and attempted to touch her. The victim resisted and later informed her mother. The trial court sentenced the appellant to 5 years rigorous imprisonment for the offence under Section 10 of the POCSO Act and 1.5 years for the offence under Section 12, with fines. The appellant challenged the conviction on the ground that the prosecution failed to prove its case beyond reasonable doubt. The High Court examined the evidence, including the testimony of the victim (PW1), her mother (PW3), and the medical evidence. The court found the victim's testimony to be credible and consistent, and it was corroborated by her mother's evidence. The court noted that the victim had promptly complained to her mother and that the medical evidence did not rule out sexual assault. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Sexual Assault - Aggravated Sexual Assault - Sections 8, 10, 12 of Protection of Children from Sexual Offences Act, 2012 and Section 354A(i)(2) of Indian Penal Code, 1860 - The appellant, a relative, showed obscene pictures on his cell phone to an 11-year-old girl and attempted to touch her inappropriately. The victim's testimony was found credible and corroborated by her mother's evidence. The court held that the prosecution proved its case beyond reasonable doubt and the conviction was upheld. (Paras 1-12) B) Evidence Law - Child Witness - Credibility - The testimony of a child witness, if found reliable and corroborated, can form the basis of conviction. Minor inconsistencies do not discredit the witness. The court relied on the victim's consistent deposition and the prompt complaint to her mother. (Paras 5-8) C) Sentencing - Aggravated Sexual Assault - Section 10 of POCSO Act - The appellant was sentenced to 5 years rigorous imprisonment and fine of Rs.10,000 for aggravated sexual assault. The sentence was not interfered with as it was proportionate to the gravity of the offence. (Para 11)
Issue of Consideration
Whether the conviction of the appellant under Sections 8, 10, 12 of the POCSO Act and Section 354A(i)(2) of IPC 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
- Sexual assault under POCSO Act
- credibility of child witness
- corroboration of testimony
- sentencing for aggravated sexual assault
