High Court Upholds Conviction in POCSO Act Case -- Appellant's Challenge to Child Sexual Assault Verdict Fails Due to Reliable Victim Testimony and Corroborative Evidence

Sub Category: Bombay High Court Bench: BOMBAY

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2026-03-01 13:18:33

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Case Note & Summary

The Appellant was convicted by the Trial Court for offences under Section 376(2)(i), 506 of the Indian Penal Code 1860 (IPC) and Sections 6 and 10 of the Protection of Children from Sexual Offences Act 2012 (POCSO Act) and sentenced to 10 years imprisonment with fine. The Appellant appealed, arguing that the victim's testimony was inconsistent, lacked date and time details, and was uncorroborated by medical evidence showing no injuries. The prosecution countered that the victim was a minor, her evidence was reliable, and medical evidence indicated redness. The High Court held that in POCSO Act cases, child victims' evidence must be given due weightage, minor discrepancies are not fatal, and the prosecution proved the victim's minority. The victim's testimony was consistent and supported by PW-5, and the defence failed to show false implication. The appeal was dismissed, upholding the conviction.

Headnote

The High Court of Judicature at Bombay dismissed the Criminal Appeal filed by the Appellant challenging his conviction under Section 376(2)(i), 506 of the Indian Penal Code 1860 (IPC) and Sections 6 and 10 of the Protection of Children from Sexual Offences Act 2012 (POCSO Act) -- The Court held that in POCSO Act cases, due weightage must be given to the evidence of child victims, and minor discrepancies cannot be grounds for acquittal -- The prosecution proved the victim was a minor under Section 2(d) of the POCSO Act through birth certificate evidence -- The victim's testimony, though lacking specific date and time, was consistent and supported by PW-5's evidence -- Medical evidence showed redness on the victim's vagina, supporting the occurrence -- The defence failed to establish any motive for false implication -- The appeal was dismissed, upholding the Trial Court's judgment

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Issue of Consideration: The Issue of Consideration was whether the Trial Court correctly convicted the Appellant under Section 376(2)(i), 506 of the Indian Penal Code 1860 (IPC) and Sections 6 and 10 of the Protection of Children from Sexual Offences Act 2012 (POCSO Act) based on the evidence, particularly the victim's testimony

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Final Decision

The High Court dismissed the Criminal Appeal and upheld the conviction of the Appellant under Section 376(2)(i), 506 of IPC and Sections 6, 10 of POCSO Act, confirming the sentence of 10 years imprisonment with fine

2026 LawText (BOM) (02) 129

Criminal Appeal No. 728 of 2022

2026-02-25

R. M. Joshi J.

2026:BHC-AS:9712

Mr. Akshay Dingale, Mr. Ashok Gawai, Ms. Gunjan Thakkar

Pradip Prakash Baikar

The State of Maharashtra and Anr.

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Nature of Litigation: Criminal appeal against conviction for sexual offences under IPC and POCSO Act

Remedy Sought

Appellant seeks acquittal by challenging the Trial Court's conviction

Filing Reason

Appellant convicted under Section 376(2)(i), 506 of IPC and Sections 6, 10 of POCSO Act and sentenced to 10 years imprisonment

Previous Decisions

Trial Court convicted Appellant based on prosecution evidence including victim's testimony, medical reports, and witness statements

Issues

Whether the Trial Court erred in convicting the Appellant based on the victim's testimony which lacked specific date and time and had inconsistencies Whether the medical evidence sufficiently corroborated the victim's allegations of sexual assault Whether the prosecution proved beyond reasonable doubt that the victim was a minor under the POCSO Act

Submissions/Arguments

Appellant argued victim's testimony was inconsistent, uncorroborated by medical evidence showing no injuries, and lacked date/time details Prosecution argued victim was a minor, her evidence was reliable, minor discrepancies are acceptable, and medical evidence showed redness supporting the incident

Ratio Decidendi

In cases under the POCSO Act, courts must give due weightage to the evidence of child victims, and minor discrepancies in their testimony cannot be grounds for acquittal if the evidence is otherwise consistent and reliable

Judgment Excerpts

In case of offence against a child under POCSO Act, the Court is required to give due weightage to the evidence of the child, who is the victim of sexual assault No doubt the victim has not been able to give the date of the occurrence of the incident. However, she specifically narrates the manner in which the incident had occurred The prosecution thus by leading cogent evidence has substantiated the fact that the victim was minor and hence rightly invoked the provisions of POCSO Act

Procedural History

FIR lodged at Ghatkopar Police Station -- Investigation conducted including medical examination and witness statements under Sections 161 and 164 of CrPC -- Chargesheet filed -- Trial Court convicted Appellant on 07.06.2022 -- Appellant filed Criminal Appeal No. 728 of 2022 -- High Court heard arguments on 16.02.2026 -- Judgment pronounced on 25.02.2026