Case Note & Summary
The case involves three appeals arising from a judgment of the Sessions Judge, Ahmednagar in Sessions Case No. 367 of 2013. The appellant-accused, Kishor Bhagwan Bhagat, was convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 384 and 506 of the Indian Penal Code (IPC), and sentenced to 10 years rigorous imprisonment for the POCSO offence, along with fines and default sentences. He was acquitted of offences under Sections 376(2)(i), 328, and 504 IPC. The accused appealed against his conviction and sentence, while the State appealed against the acquittal and sought enhancement of sentence. The facts of the case involve the accused allegedly committing penetrative sexual assault on a minor girl, threatening her, and extorting money from her family. The trial court relied on the victim's testimony, medical evidence, and other corroborating witnesses. The High Court, after hearing arguments, upheld the conviction under Section 4 of POCSO Act and Sections 384 and 506 IPC, finding the evidence sufficient. However, it reduced the sentence for the POCSO offence from 10 years to 7 years, considering the accused's young age and lack of prior criminal record. The court also confirmed the acquittal under Sections 376(2)(i), 328, and 504 IPC, as the prosecution failed to prove those charges. The appeals were disposed of accordingly.
Headnote
A) Criminal Law - POCSO Act - Aggravated Penetrative Sexual Assault - Section 4 of Protection of Children from Sexual Offences Act, 2012 - Conviction upheld based on victim's testimony and medical evidence - Court held that the prosecution proved the offence beyond reasonable doubt, but sentence reduced from 10 years to 7 years considering the accused's age and lack of criminal antecedents (Paras 1-30).
B) Criminal Law - Indian Penal Code - Extortion and Criminal Intimidation - Sections 384 and 506 IPC - Conviction upheld as the accused threatened the victim and extorted money - Court found the evidence credible and consistent (Paras 1-30).
C) Criminal Law - Indian Penal Code - Rape and Administering Poison - Sections 376(2)(i) and 328 IPC - Acquittal confirmed as the prosecution failed to prove the ingredients of these offences beyond reasonable doubt - No evidence of administering any stupefying substance or of rape as defined under IPC (Paras 1-30).
Issue of Consideration
Whether the conviction and sentence under Section 4 of POCSO Act, 2012 and Sections 384 and 506 IPC are sustainable; whether the acquittal under Sections 376(2)(i), 328, and 504 IPC is correct; and whether the sentence is adequate or excessive.
Final Decision
The High Court partly allowed the accused's appeal by reducing the sentence under Section 4 of POCSO Act from 10 years to 7 years, while maintaining the convictions under Sections 384 and 506 IPC. The State's appeals were dismissed, confirming the acquittal under Sections 376(2)(i), 328, and 504 IPC.
Law Points
- Section 4 POCSO Act
- 2012
- Section 376(2)(i) IPC
- Section 384 IPC
- Section 506 IPC
- Section 328 IPC
- Section 504 IPC
- Section 374 CrPC
- Section 377 CrPC
- Section 378 CrPC
Case Details
2019 LawText (BOM) (09) 27
Criminal Appeal No. 639 of 2015 with Criminal Appeal No. 708 of 2015 and Criminal Appeal No. 876 of 2018
T.V. Nalawade, K.K. Sonawane
Smt. Sanghamitra Wadmare (for appellant in CrA 639/2015 and respondent in CrA 708/2015 and 876/2018), Mr. N.B. Narwade (for original complainant), Mrs. D.S. Jape (APP for State)
Kishor Bhagwan Bhagat (in Criminal Appeal No. 639/2015); The State of Maharashtra (in Criminal Appeal Nos. 708/2015 and 876/2018)
The State of Maharashtra (in Criminal Appeal No. 639/2015); Kishor Bhagwan Bhagat (in Criminal Appeal Nos. 708/2015 and 876/2018)
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Nature of Litigation
Criminal appeals against conviction and acquittal in a case involving sexual assault of a minor, extortion, and criminal intimidation.
Remedy Sought
The accused sought acquittal or reduction of sentence; the State sought enhancement of sentence and conviction for acquitted offences.
Filing Reason
The accused was convicted under Section 4 of POCSO Act and Sections 384 and 506 IPC; the State was dissatisfied with the acquittal under Sections 376(2)(i), 328, and 504 IPC and the quantum of sentence.
Previous Decisions
The trial court convicted the accused and sentenced him to 10 years RI under Section 4 POCSO Act, 2 years RI under Section 384 IPC, and 1 year RI under Section 506 IPC, with fines and default sentences.
Issues
Whether the conviction under Section 4 of POCSO Act, 2012 is sustainable?
Whether the conviction under Sections 384 and 506 IPC is sustainable?
Whether the acquittal under Sections 376(2)(i), 328, and 504 IPC is correct?
Whether the sentence of 10 years under Section 4 POCSO Act is excessive or inadequate?
Submissions/Arguments
The accused argued that the evidence was insufficient and the sentence was excessive.
The State argued that the acquittal was erroneous and the sentence was too lenient.
Ratio Decidendi
The conviction under Section 4 of POCSO Act was upheld based on the victim's credible testimony and medical evidence, but the sentence was reduced considering the accused's age and lack of criminal antecedents. The acquittal under other sections was confirmed due to lack of evidence.
Judgment Excerpts
These appeals are directed against the impugned judgment and order dated 25.6.2015 rendered by the learned Sessions Judge, Ahmednagar in Sessions Case No. 367 of 2013.
The learned trial court imposed the following sentence of imprisonment and fine on the appellant :-
All three sentences awarded to accused Kishor Bhagat shall run concurrently
Procedural History
The trial court convicted the accused on 25.6.2015. The accused appealed under Section 374 CrPC (Criminal Appeal No. 639/2015). The State appealed under Sections 377 and 378 CrPC (Criminal Appeal Nos. 708/2015 and 876/2018). The High Court heard all appeals together and delivered judgment on 24.9.2019.
Acts & Sections
- Protection of Children from Sexual Offences Act, 2012: Section 4
- Indian Penal Code, 1860: Section 384, Section 506, Section 376(2)(i), Section 328, Section 504
- Code of Criminal Procedure, 1973: Section 374, Section 377, Section 378
