Case Note & Summary
The appellant, Manish Chandrabhan Lanjewar, was convicted by the Additional Sessions Judge-1, Nagpur in Special Child Protection Case No. 128 of 2013 for offences under Section 6 read with Section 5(n) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 376(2)(f)(i) of the Indian Penal Code (IPC). He was sentenced to rigorous imprisonment for ten years and a fine of Rs. 5,000, with default imprisonment of one year. The victim, a 13-year-old girl, lodged a report on 10.8.2013 stating that the accused, her cousin brother, had attempted to insert his penis into her anus on two to three occasions in the preceding months. On 7.8.2013, when she was alone at home, the accused entered, undressed, and forcibly inserted his penis into her anus. She escaped and ran naked to a neighbor's house. The trial court convicted the accused based on the victim's testimony, corroborated by her mother and sister. The appellant challenged the conviction, arguing that the medical evidence did not support penetration and that the victim's testimony was unreliable. The High Court examined the evidence and found the victim's testimony to be natural, consistent, and credible. The court held that the absence of medical evidence does not discredit the victim's version, and the conviction can be based solely on the victim's testimony if it inspires confidence. The court also noted that the victim's mother and sister corroborated the disclosure. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Aggravated Penetrative Sexual Assault - Section 6 read with Section 5(n) Protection of Children from Sexual Offences Act, 2012 - Conviction based on victim's testimony - The victim, a 13-year-old girl, testified that the accused, her cousin brother, inserted his penis into her anus on multiple occasions. The court held that the testimony of the victim is sufficient to sustain conviction if it inspires confidence, and corroboration is not mandatory. The medical evidence, though not supporting penetration, does not discredit the victim's version. (Paras 1-10) B) Evidence Law - Child Witness - Credibility - The victim's testimony was found to be natural, consistent, and reliable. The court noted that the victim's mother and sister corroborated the disclosure made by the victim. The absence of independent witnesses does not weaken the prosecution case. (Paras 5-9) C) Criminal Law - Sentencing - Section 6 POCSO Act - The appellant was sentenced to rigorous imprisonment for ten years and fine of Rs. 5,000. The court upheld the sentence, noting that the offence is serious and the victim was a child. (Para 10)
Issue of Consideration
Whether the conviction of the appellant under Section 6 read with Section 5(n) of the POCSO Act and Section 376(2)(f)(i) of the 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
- Testimony of victim alone sufficient for conviction under POCSO Act if credible
- Section 6 read with Section 5(n) POCSO Act
- Section 376(2)(f)(i) IPC
- Aggravated penetrative sexual assault
- Child witness reliability
- Corroboration not mandatory
