Case Note & Summary
The appellant, Vishal @ Vilas Devman Tumdam, was convicted by the Additional Sessions Judge, Nagpur, for offences under Section 376(2)(i)(j)(l) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). He was sentenced to rigorous imprisonment for ten years and fine for each offence, with sentences to run concurrently. The victim was a 15-year-old girl with mental impairment. On 29.01.2015, at about 9:00 pm, she left her house to answer nature's call. When she did not return, her brother Premraj (PW4) and mother Sumanbai (PW2) started searching. Premraj saw the appellant coming from behind the school building. Later, the victim returned home in a frightened state with dusty clothes and scattered hair. She disclosed that the appellant had called her, taken her behind the school, gagged her, threatened to kill her, removed her clothes, and raped her. Premraj confronted the appellant, who initially denied but later confessed. The victim identified the appellant. A report was lodged at the police station. The appellant was arrested, and investigation was conducted. The trial court convicted the appellant. In appeal, the High Court examined the evidence. The victim (PW3) testified and was found to be a credible witness despite her mental impairment. The court noted that her testimony was consistent and corroborated by PW4 and PW2. Minor inconsistencies in the evidence were not material. The delay in lodging the FIR was explained. The court upheld the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Rape of Minor with Mental Impairment - Sections 376(2)(i)(j)(l) IPC and Section 6 POCSO Act - Conviction upheld - The victim, a 15-year-old mentally impaired girl, was raped by the appellant. The court held that the testimony of the victim was credible and trustworthy, and corroboration was not essential. Minor inconsistencies in the evidence did not affect the core of the prosecution case. The appeal was dismissed. (Paras 1-10) B) Evidence Law - Testimony of Child Witness with Mental Impairment - Credibility - The court held that the evidence of a child witness with mental impairment can be relied upon if the witness is found to be competent and the testimony inspires confidence. In this case, the victim's testimony was consistent and corroborated by other witnesses. (Paras 5-8) C) Criminal Procedure - Delay in Lodging FIR - Explanation - The delay of about 12 hours in lodging the FIR was satisfactorily explained by the prosecution as the family was busy in searching for the victim and then in confronting the accused. The court held that such delay does not vitiate the trial. (Para 4)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(i)(j)(l) IPC and Section 6 POCSO Act is sustainable based on the evidence on record
Final Decision
The appeal is dismissed. The judgment and order of conviction dated 07.11.2017 passed by the learned Additional Sessions Judge, Nagpur in Spl.Child Case No.133/2016 is confirmed.
Law Points
- Testimony of a child victim with mental impairment can be relied upon if found credible
- corroboration not mandatory
- delay in lodging FIR explained
- minor inconsistencies do not discredit prosecution case
