Case Note & Summary
The appellant, Dipak @ Kalwa Kisanlal Soni, was convicted by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in Special Child Criminal Case No.45/2013 for offences under Section 376(1)(i) of the Indian Penal Code and Section 5(m) punishable under Section 6 of the POCSO Act. He was sentenced to rigorous imprisonment for 10 years and a fine of Rs.10,000/-. The victim, a 10-year-old girl, was sexually assaulted by the appellant on 4.3.2013 when she was alone at home. The mother (PW3) lodged an FIR on 5.3.2013. The appellant was arrested and charged. The trial court convicted him based on the testimony of the victim (PW1), her mother (PW3), medical evidence, and other witnesses. The appellant appealed against the conviction. The High Court examined the evidence, particularly the victim's testimony, and found it credible and consistent. Minor contradictions in the evidence of other witnesses did not affect the prosecution case. The medical evidence supported the sexual assault. The court held that the conviction was proper and dismissed the appeal, confirming the sentence.
Headnote
A) Criminal Law - Rape of Minor - Credibility of Victim's Testimony - Section 376(1)(i) IPC, Section 5(m) r/w Section 6 POCSO Act, 2012 - The sole testimony of the victim, if found credible and trustworthy, is sufficient to base conviction even without corroboration. Minor contradictions or improvements do not affect the core of the prosecution case. In the present case, the victim's consistent deposition regarding the incident was relied upon to uphold the conviction. (Paras 7-10) B) Criminal Law - POCSO Act - Aggravated Penetrative Sexual Assault - Section 5(m) r/w Section 6 POCSO Act, 2012 - The act of committing penetrative sexual assault on a child below 12 years constitutes aggravated penetrative sexual assault. The victim was 10 years old at the time of the incident, and the medical evidence corroborated the sexual assault. Hence, the conviction under Section 5(m) punishable under Section 6 was upheld. (Paras 11-12)
Issue of Consideration
Whether the conviction of the appellant under Section 376(1)(i) IPC and Section 5(m) punishable under Section 6 of POCSO Act is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order of conviction dated 4.12.2018 passed by the Special Judge under POCSO Act in Special Child Criminal Case No.45/2013 is confirmed.
Law Points
- Testimony of victim in sexual offences is sufficient for conviction if found credible
- minor contradictions do not discredit
- POCSO Act provisions for aggravated penetrative sexual assault
