Case Note & Summary
The appellant, Pandurang Narayan Jadhav, a Sanskrit teacher at Onkar Vidyalaya, was convicted by the Special Judge (POCSO Act), Aurangabad, in Sessions Case No. 368 of 2013 for the offence punishable under Section 10 read with Section 9(f) of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act). He was sentenced to rigorous imprisonment for five years and a fine of Rs. 2000, with default imprisonment of two months. The alleged incident occurred on 16-08-2013, when the prosecutrix, a 13-year-old girl studying in 7th standard, was allegedly sexually assaulted by the appellant in the school premises. The prosecution examined several witnesses, including the prosecutrix, her cousin Parmeshwar, and another student Rohit. However, the High Court found material inconsistencies and contradictions in their testimonies. The prosecutrix initially stated that the incident occurred on a specific date and time, but her cross-examination revealed discrepancies. The other witnesses did not support her version on crucial aspects. The court noted that the prosecution failed to prove its case beyond reasonable doubt. The appellant had taken the plea of false implication due to a dispute with the school management. The High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Aggravated Sexual Assault - Section 10 read with Section 9(f) of Protection of Children From Sexual Offences Act, 2012 - Inconsistent Testimony - The appellant, a school teacher, was convicted for aggravated sexual assault on a 13-year-old student. The High Court found material contradictions between the prosecutrix's testimony and that of other prosecution witnesses regarding the date, time, and manner of the alleged incident. The court held that the prosecution failed to prove its case beyond reasonable doubt, and the benefit of doubt must be given to the appellant. (Paras 1-15) B) Evidence Law - Corroboration - Testimony of Child Witness - The court emphasized that while the testimony of a child witness can be relied upon without corroboration if it is credible, in this case, the prosecutrix's version was not consistent and was contradicted by other witnesses. The court held that the conviction cannot be sustained on such shaky evidence. (Paras 10-15)
Issue of Consideration
Whether the conviction of the appellant under Section 10 read with Section 9(f) of the POCSO Act is sustainable in law given the inconsistencies and contradictions in the prosecution evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 10 read with Section 9(f) of POCSO Act. Bail bonds cancelled.
Law Points
- Benefit of doubt
- Inconsistency in prosecution case
- Corroboration of testimony
- Presumption of innocence
- Standard of proof beyond reasonable doubt
