Case Note & Summary
The appellant-accused, Tabrez Rojuddin Ansari, was convicted by the learned Special Judge and Additional Sessions Judge, Bharuch in Special POCSO Case No. 01 of 2014 for offences punishable under Sections 363, 366, 376 of the Indian Penal Code, 1860 (IPC) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The victim was a minor girl aged approximately 5 years and 4 months. On 27.03.2014, between 8:00 a.m. and 9:00 a.m., while the victim's parents were away at the farm, the accused, who was constructing stairs at the adjacent house of the victim's grandfather, enticed the minor girl by offering to show her games on a mobile phone. He lifted her, took her to the terrace, removed her capri, inserted his saliva-mixed finger into her private part, and kissed her on the lips. The victim's mother lodged a complaint on the same day. The trial court convicted the accused and sentenced him to life imprisonment with a fine of Rs. 10,000/- under Section 6 of the POCSO Act, along with separate sentences under Sections 363 and 366 IPC. The appellant challenged the conviction and sentence before the High Court under Section 374 of the Code of Criminal Procedure, 1973. The High Court examined the evidence, including the testimony of the victim (PW-1), her mother (PW-2), the medical officer (PW-5), and other witnesses. The court noted that the victim's testimony was consistent and credible, and minor inconsistencies did not affect the core of the prosecution case. The medical evidence corroborated the sexual assault. The court held that the trial court had correctly appreciated the evidence and that the sentence was just and proper. Consequently, the High Court dismissed the appeal and confirmed the conviction and sentence.
Headnote
A) Criminal Law - Child Witness - Credibility - Minor inconsistencies in the testimony of a child victim do not discredit her evidence if the substratum of the prosecution case remains intact and is corroborated by medical evidence and prompt complaint - Held that the trial court rightly relied on the victim's testimony (Paras 10-15). B) POCSO Act - Aggravated Penetrative Sexual Assault - Section 6 - Sentence - Life imprisonment with fine is the prescribed punishment for aggravated penetrative sexual assault on a child below 12 years - Held that the sentence imposed by the trial court is just and proper (Paras 16-20). C) Indian Penal Code - Kidnapping - Sections 363, 366 - Enticement of minor - Offering to show games on mobile phone constitutes enticement to take away a minor from lawful guardianship - Held that the ingredients of kidnapping are satisfied (Paras 8-9).
Issue of Consideration
Whether the conviction of the appellant-accused under Sections 363, 366, 376 IPC and Sections 4 and 6 of the POCSO Act is sustainable based on the evidence on record.
Final Decision
Appeal dismissed; conviction and sentence confirmed
Law Points
- Credibility of child witness
- Corroboration of medical evidence
- Aggravated penetrative sexual assault
- Sentencing under POCSO Act
- Minor inconsistencies not fatal
