Case Note & Summary
The appellant, Nana @ Dnyneshwar Yerme, was convicted by the Special Judge under the POCSO Act and IPC for kidnapping and raping a four-year-old girl. The incident occurred on 30 March 2014 when the appellant, a friend of the victim's father, took the victim from her house and committed sexual assault. The victim's mother saw the appellant emerging from a secluded place and fleeing. The victim was found crying with injuries. Medical examination revealed a tear in the hymen. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of the child victim, her mother, and the medical officer. The court found the victim's testimony consistent and credible, and the medical evidence corroborated the fact of penetration. The court held that the prosecution had proved the offences beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Penetration - Medical Evidence - The issue was whether the appellant committed rape on a four-year-old girl. The court held that the medical evidence showing a tear in the hymen and the consistent testimony of the victim, corroborated by her mother's evidence, established penetration and thus the offence of rape under Section 376(1) IPC and Sections 4 and 6 of POCSO Act. (Paras 5-10) B) Evidence Law - Child Witness - Credibility - The court considered the testimony of the four-year-old victim. It held that a child witness can be relied upon if the testimony is consistent, credible, and corroborated by other evidence. The victim's testimony was found to be natural and consistent, and thus sufficient to sustain the conviction. (Paras 7-9) C) Criminal Law - Kidnapping - Section 363 IPC - The appellant took the victim away from her mother's custody without consent. The court held that this constituted kidnapping as defined under Section 361 IPC, and the conviction under Section 363 IPC was proper. (Para 11)
Issue of Consideration
Whether the conviction of the appellant under Sections 4 and 6 of the POCSO Act and Sections 363 and 376(1) of IPC is sustainable based on the evidence of the child victim and medical evidence.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 4 and 6 of the POCSO Act and Sections 363 and 376(1) of IPC are upheld.
Law Points
- Penetration is sufficient to constitute rape
- medical evidence of tear in hymen corroborates testimony
- child witness testimony can be relied upon if consistent and credible
- POCSO Act provisions override IPC for child victims
- conviction can be based on sole testimony of victim if trustworthy
