Case Note & Summary
The appellant, Chutukumar Kabarar Trivedi, was convicted by the trial court for offences under Sections 354, 354B, and 376(2)(i) of the Indian Penal Code (IPC) for sexually assaulting a minor girl aged about 4-5 years. The incident occurred on 23 April 2013 in a slum area in Mumbai, where the appellant, known as 'Chhotu uncle' to the victim, called her into his hut, removed her frock, and made her dance naked while he played music. The victim's mother (complainant) reported the matter to the police, leading to the registration of FIR No. 112 of 2013 at Wadala T.T. Police Station. The trial court sentenced the appellant to rigorous imprisonment for three years under Section 354, five years under Section 354B, and ten years under Section 376(2)(i), along with fines. The appellant appealed against the conviction and sentence. The High Court heard the appeal and examined the evidence, including the testimony of the child victim (PW1) and her mother (PW2). The court found the child's testimony to be credible and reliable, despite minor inconsistencies, and held that it could form the sole basis for conviction. The court also noted that the appellant was a known person in the neighbourhood and that the victim had identified him. The court upheld the conviction under all sections, observing that the minimum sentence of ten years for rape of a minor under Section 376(2)(i) was correctly imposed. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Rape of Minor - Testimony of Child Victim - The testimony of a child victim, if found credible and reliable, can form the sole basis for conviction without corroboration. Minor inconsistencies in the evidence do not necessarily discredit the prosecution case. (Paras 4-10) B) Criminal Law - Rape of Minor - Section 376(2)(i) IPC - Minimum Sentence - For rape of a minor under 12 years, the minimum sentence is 10 years rigorous imprisonment. The court upheld the sentence as it was the minimum prescribed. (Paras 11-12) C) Criminal Law - Assault or Criminal Force to Woman with Intent to Outrage Modesty - Section 354 IPC - The act of removing the victim's frock and making her dance naked constitutes an offence under Section 354 IPC. (Para 1) D) Criminal Law - Word, Gesture or Act Intended to Insult Modesty of Woman - Section 354B IPC - The accused's act of making the victim dance naked amounts to an insult to her modesty. (Para 1)
Issue of Consideration
Whether the conviction of the appellant under Sections 354, 354B, and 376(2)(i) IPC is sustainable based on the evidence of the child victim and her mother, and whether the sentence imposed is appropriate.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are confirmed.
Law Points
- Testimony of child victim
- if credible
- can be sole basis for conviction
- Corroboration not mandatory
- Minor inconsistencies do not discredit prosecution
- Section 376(2)(i) IPC applies to rape of minor under 12 years
- Minimum sentence of 10 years for rape of minor
