Case Note & Summary
The appellant, Rajratan Sahebrao Nawghare, was convicted by the Sessions Judge, Nanded, in Special Case (POCSO) No.10/2013 for offences under Section 376(1) of the Indian Penal Code and Sections 5(j)(ii), 5(l), 5(n) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012. He was sentenced to rigorous imprisonment for ten years and a fine of Rs.1000/- for each offence. The case arose from a complaint lodged by Purnima Bhimrao Paikrao, mother of the prosecutrix, alleging that the appellant and a juvenile had repeatedly sexually exploited her minor daughter over a period of one and a half years, resulting in pregnancy. The appellant appealed against the conviction. The High Court examined the evidence, noting significant inconsistencies and contradictions in the testimonies of the prosecutrix and her mother. The court found that the prosecution failed to establish the age of the victim conclusively and that the medical evidence did not corroborate the allegations of repeated sexual assault. The court held that the benefit of doubt must be given to the appellant, as the prosecution did not prove its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - Section 376(1) IPC - Conviction based on sole testimony of prosecutrix - Inconsistencies and contradictions in evidence of prosecutrix and her mother - Held that conviction cannot be sustained as prosecution failed to prove guilt beyond reasonable doubt (Paras 10-15). B) POCSO Act - Aggravated Penetrative Sexual Assault - Sections 5(j)(ii), 5(l), 5(n) and 6 - Age of victim - Medical evidence showing pregnancy - However, lack of reliable evidence regarding age and commission of offence - Held that benefit of doubt must be given to accused (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Section 376(1) of IPC and Sections 5(j)(ii), 5(l), 5(n) punishable under Section 6 of POCSO Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Presumption of innocence
- Burden of proof beyond reasonable doubt
- Corroboration of victim testimony
- Age determination in POCSO cases
- Inconsistencies in prosecution case
