Case Note & Summary
The appellant, Dinesh Kumar Jaldhari, was convicted by the Special Judge (POCSO), Kunkuri, Chhattisgarh under Sections 9(m) and 10 of the Protection of Children from Sexual Offences Act, 2012 for aggravated sexual assault of a 4-year-old girl. The incident occurred on 15.08.2021 when the appellant, along with others, returned home after collecting coal wood. At around 4:30 p.m., the victim's mother (PW-3) went inside to give food to the appellant and found him sitting near the legs of her minor daughter, wearing only half shorts (Chadda). When confronted, the appellant fled. The mother reported the matter, and the child was medically examined, revealing redness on the private parts. The trial court sentenced the appellant to seven years rigorous imprisonment and a fine of Rs. 2,000. The High Court of Chhattisgarh dismissed the appeal (CRA No. 1348 of 2023) on 06.03.2025. The Supreme Court, in the present appeal, considered the evidence, including the testimony of the mother and the medical report. The Court held that the prosecution had proved its case beyond reasonable doubt, and the concurrent findings of the courts below did not warrant interference. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Aggravated Sexual Assault - Sections 9(m) and 10 POCSO Act, 2012 - Conviction based on testimony of victim's mother and medical evidence - The appellant was found sitting near the legs of a 4-year-old girl wearing only half shorts; the mother's testimony was corroborated by medical evidence showing redness on the child's private parts - Held that the prosecution proved its case beyond reasonable doubt and the High Court correctly confirmed the conviction (Paras 2-6).
Issue of Consideration
Whether the conviction of the appellant under Sections 9(m) and 10 of the Protection of Children from Sexual Offences Act, 2012 is sustainable based on the evidence on record.
Final Decision
The Supreme Court dismissed the appeal and upheld the conviction and sentence of seven years rigorous imprisonment and fine of Rs. 2,000 under Sections 9(m) and 10 of the POCSO Act, 2012.
Law Points
- Aggravated sexual assault
- POCSO Act
- Section 9(m)
- Section 10
- child witness
- testimony of mother
- medical evidence
- conviction upheld
Case Details
Criminal Appeal No. 4732 of 2025
Ms. Varnika Gupta for the Appellant, Ms. Ankita Sharma for the Respondent
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Nature of Litigation
Criminal appeal against conviction for aggravated sexual assault under POCSO Act
Remedy Sought
Appellant sought acquittal or reduction of sentence
Filing Reason
Appellant challenged the High Court judgment confirming his conviction and sentence
Previous Decisions
Trial Court convicted appellant under Sections 9(m) and 10 POCSO Act, sentenced to 7 years RI and fine; High Court dismissed appeal on 06.03.2025
Issues
Whether the conviction under Sections 9(m) and 10 POCSO Act is sustainable on the basis of the evidence of the victim's mother and medical evidence.
Submissions/Arguments
Appellant argued that the evidence was insufficient to prove the offence beyond reasonable doubt.
Respondent argued that the testimony of the mother and medical evidence clearly established the appellant's guilt.
Ratio Decidendi
The testimony of the victim's mother, who witnessed the appellant in a compromising position with the minor child, coupled with medical evidence showing redness on the child's private parts, is sufficient to prove aggravated sexual assault under Section 9(m) and Section 10 of the POCSO Act, 2012 beyond reasonable doubt.
Judgment Excerpts
At the instance of appellant – convict, the challenge in this present appeal is addressed to judgment and order dated 06.03.2025 of the High Court of Chhattisgarh in CRA No. 1348 of 2023.
Trial Court convicted the appellant under Section 9(m) and Section 10 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to seven years of rigorous imprisonment and further imposed a fine of Rs. 2,000/- and in default of payment of fine, to undergo further normal imprisonment for one year.
The mother of the victim reported that her husband returned home with one Virendra and appellant Dinesh Ram, after collecting the coal wood. It was around 4:30 p.m. when the mother of the victim went inside to give food to the appellant and at that time, she found that the appellant had wore only half short (Chadda) and was sitting near the legs of her minor daughter aged 4 years.
Procedural History
The appellant was convicted by the Special Judge (POCSO), Kunkuri, Chhattisgarh on 18.04.2023 in Special Case No. 17 of 2021. He appealed to the High Court of Chhattisgarh, which dismissed the appeal on 06.03.2025 in CRA No. 1348 of 2023. The appellant then filed the present appeal before the Supreme Court.
Acts & Sections
- Protection of Children from Sexual Offences Act, 2012: 9(m), 10
