Case Note & Summary
The appellant, Nagesh s/o Samayya Made, was convicted by the learned Sessions Judge, Gadchiroli in Special (POCSO) Case No.21/2016 for offences under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 506 Part-I of the Indian Penal Code (IPC). He was sentenced to rigorous imprisonment for 10 years and a fine of Rs.1000/- for the POCSO offence, and rigorous imprisonment for 1 year and a fine of Rs.500/- for the IPC offence, with default sentences. The sentences were directed to run concurrently. The case was initiated based on an oral report lodged by the victim's mother, Chinnaka Bapu Durgam (PW2), on 29.4.2016 at Sironcha Police Station. According to the report, on that day between 2:00 p.m. and 2:30 p.m., the mother left the victim alone at home to fetch cattle. When she returned, she found the accused sitting on a cot inside the house with the victim beside him. The accused claimed he was there to charge his cellphone and left after 10-15 minutes. After he left, the victim allegedly told her mother that the accused had committed penetrative sexual assault and threatened to kill her if she disclosed it. The victim (PW3) was examined and her testimony was recorded. However, the High Court found material inconsistencies between the testimony of the victim and her mother regarding the sequence of events, particularly whether the victim disclosed the incident immediately or after the accused left. The court noted that the mother's testimony suggested the victim disclosed the incident after the accused left, while the victim stated she disclosed it immediately. Additionally, the medical evidence did not support the allegations, and there was no independent corroboration. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the benefit of doubt must be given to the accused. Consequently, the appeal was allowed, the conviction and sentences were set aside, and the accused was acquitted. The court directed that the accused be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - POCSO Act - Aggravated Penetrative Sexual Assault - Section 6 of Protection of Children from Sexual Offences Act, 2012 - Conviction set aside due to material inconsistencies in the testimony of the victim and her mother, and lack of independent corroboration - Held that the prosecution failed to prove the case beyond reasonable doubt (Paras 1-18). B) Criminal Law - Indian Penal Code - Criminal Intimidation - Section 506 Part-I IPC - Conviction set aside as the alleged threat was not proved beyond reasonable doubt - Held that the evidence was insufficient to sustain the conviction (Paras 1-18).
Issue of Consideration
Whether the conviction of the appellant under Section 6 of the POCSO Act and Section 506 Part-I of the Indian Penal Code is sustainable in law based on the evidence on record.
Final Decision
Appeal allowed. Impugned judgment and order of conviction dated 19.7.2018 passed by learned Sessions Judge, Gadchiroli in Special (POCSO) Case No.21/2016 is set aside. The appellant is acquitted of the offences under Section 6 of the POCSO Act and Section 506 Part-I of the IPC. The appellant be set at liberty forthwith, if not required in any other case.
Law Points
- Presumption of innocence
- Burden of proof beyond reasonable doubt
- Corroboration of victim testimony
- Inconsistencies in evidence
- Benefit of doubt
