Case Note & Summary
The appellant, Kalim Attarli Shaikh, was convicted by the trial court for offences under Section 354 of the Indian Penal Code, 1860 and Section 10 of the Protection of Children from Sexual Offences Act, 2012 for outraging the modesty of a 5-year-old girl. The incident occurred on 28 July 2013 when the victim and another girl were lured by the appellant with an orange to his room. The appellant sent the other girl away, took the victim in his arms, removed her underwear, kissed her, and touched her genital. The victim reported the incident to her mother, who filed an FIR. The trial court sentenced the appellant to one year simple imprisonment under Section 354 IPC and five years under Section 10 POCSO Act, with fines. The appellant appealed against the conviction. The High Court heard arguments from both sides and examined the record. The court found that the victim's testimony was natural and consistent, and her mother's evidence corroborated the incident. The medical evidence also supported the prosecution case. The court held that there was no infirmity in the trial court's judgment and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Outraging Modesty of Child - Section 354 IPC, Section 10 POCSO Act - Conviction based on testimony of 5-year-old victim and her mother - Court held that the child's testimony was natural, consistent, and credible, and corroborated by the mother's evidence and medical report - No reason to interfere with the trial court's judgment - Appeal dismissed (Paras 1-14).
Issue of Consideration
Whether the conviction of the appellant under Section 354 of IPC and Section 10 of POCSO Act is sustainable based on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence passed by the trial court.
Law Points
- Testimony of child victim
- if credible
- can be sole basis for conviction
- Corroboration not mandatory
- Section 10 POCSO Act requires aggravated sexual assault
- Section 354 IPC covers outraging modesty
Case Details
Criminal Appeal No.1064 of 2019
Mr. Vaibhav Hari i/b. Mr. Kushal Mor, for the Appellant; Mr. Tanveer Khan, APP for the Respondent – State
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Nature of Litigation
Criminal appeal against conviction for offences under Section 354 IPC and Section 10 POCSO Act.
Remedy Sought
Appellant sought acquittal by setting aside the trial court's judgment of conviction and sentence.
Filing Reason
Appellant was convicted and sentenced by the trial court for outraging the modesty of a 5-year-old girl.
Previous Decisions
Trial court convicted the appellant on 15/02/2017 in POCSO Special Case No.1094/2013.
Issues
Whether the conviction under Section 354 IPC and Section 10 POCSO Act is sustainable based on the evidence.
Whether the testimony of the child victim alone is sufficient for conviction.
Submissions/Arguments
Appellant argued that the trial court erred in convicting him without proper corroboration and that the evidence was insufficient.
Respondent-State argued that the victim's testimony was credible and corroborated by her mother and medical evidence, and the conviction was correct.
Ratio Decidendi
The testimony of a child victim, if found credible and reliable, can be the sole basis for conviction under Section 354 IPC and Section 10 POCSO Act, and corroboration is not mandatory.
Judgment Excerpts
The prosecution story is that, the victim girl, aged 5 years (PW1) was daughter of the first informant ‘Mrs. R’ (PW2).
PW1 disclosed that, “I was playing with ‘Ms. A’ in the lane, at the time, Salman’s brother Kalim, residing in neighbour, showed an orange, and said us that, “will give you an orange to eat”, therefore, we both went to his room, but he told ‘Ms. A’ to go away by giving her an orange and took me in his arms, removed my nicker and kissed me.”
Procedural History
FIR registered on 28/07/2013 under Sections 354 IPC and Section 8 POCSO Act. Charge-sheet filed. Trial court framed charges under Section 354 IPC and Section 10 POCSO Act. Trial concluded with conviction on 15/02/2017. Appellant filed Criminal Appeal No.1064 of 2019 before the High Court. High Court reserved judgment on 07/11/2025 and pronounced on 14/11/2025, dismissing the appeal.
Acts & Sections
- Indian Penal Code, 1860: 354
- Protection of Children from Sexual Offences Act, 2012: 10
- Code of Criminal Procedure, 1973: 164
