Case Note & Summary
The appellant, Raghuvir Dessai, was a watchman at a government school in Goa. On 6 August 2003, at about 1:30 PM, he wrongfully confined an 8-year-old female student (the victim) and committed rape upon her. The victim was studying in the third standard. The accused was charged under Sections 342 (wrongful confinement) and 376(2)(f) (rape of a minor) of the Indian Penal Code. The trial court convicted him and sentenced him to rigorous imprisonment for 10 years and a fine. The accused appealed to the High Court. The High Court examined the evidence, including the testimony of the victim (PW11), her mother (PW1), teachers, and medical evidence. The victim's testimony was found to be consistent and credible. The medical report confirmed injuries consistent with rape. The court held that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Sections 342, 376(2)(f) IPC - Conviction based on child witness testimony - The court held that the testimony of the 8-year-old victim, corroborated by medical evidence and other witnesses, was sufficient to prove the offence of wrongful confinement and rape. The accused's mere denial was not enough to rebut the presumption under Section 114A of the Evidence Act. (Paras 1-10) B) Evidence Law - Child Witness - Credibility - The court held that a child witness, if found to be truthful and consistent, can be relied upon without corroboration, especially when the child is a victim of sexual assault. The victim's testimony was found to be natural and credible. (Paras 4-6) C) Sentencing - Rape of Minor - Section 376(2)(f) IPC - The court upheld the sentence of 10 years rigorous imprisonment and fine, noting the gravity of the offence and the young age of the victim. (Para 10)
Issue of Consideration
Whether the conviction of the appellant under Sections 342 and 376(2)(f) IPC is sustainable based on the evidence of the child victim and other circumstances.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 342 and 376(2)(f) IPC are upheld.
Law Points
- Child witness testimony
- corroboration
- medical evidence
- presumption under Section 114A Evidence Act
- sentencing for rape of minor
