Case Note & Summary
The appellant, Ashok Yeshwant Gharat, was convicted by the Additional Sessions Judge, Sangamner, for offences under Section 376(2)(n) of the Indian Penal Code (IPC) and Section 3 punishable under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, in Sessions Case No.19 of 2016. The conviction was based on allegations that on 27.11.2015, 28.11.2015, and 30.11.2015, the appellant committed rape on an 11-year-old girl in Vajreshwari temple. The victim's testimony was the primary evidence, supported by medical evidence. The appellant appealed against the conviction, arguing that the victim's testimony was inconsistent and lacked corroboration. The High Court, after hearing both sides, examined the evidence and found the victim's testimony to be credible and reliable. The court noted that minor inconsistencies did not undermine the prosecution's case. The medical evidence corroborated the sexual assault. The court upheld the conviction and sentence, finding no merit in the appeal. The court also dismissed the suo motu revision application. The judgment emphasized that the testimony of a child victim, if trustworthy, can sustain a conviction without corroboration.
Headnote
A) Criminal Law - Rape of Minor - Testimony of Child Victim - The sole testimony of a child victim, if found credible and reliable, can form the basis of conviction without corroboration. Minor inconsistencies or contradictions do not necessarily discredit the prosecution case. (Paras 10-15) B) Criminal Law - POCSO Act - Aggravated Penetrative Sexual Assault - Section 3 punishable under Section 4 of POCSO Act - The appellant was convicted for committing rape on an 11-year-old girl on multiple occasions. The court held that the evidence of the victim was trustworthy and the medical evidence supported the prosecution. (Paras 5-9) C) Criminal Law - Indian Penal Code - Section 376(2)(n) - Repeated Rape - The appellant was found guilty of committing rape repeatedly on the same victim, which falls under the aggravated form of rape. The sentence of 10 years rigorous imprisonment was upheld. (Paras 16-18)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(n) of IPC and Section 3 punishable under Section 4 of POCSO Act is sustainable based on the testimony of the child victim and other evidence.
Final Decision
The appeal is dismissed. The conviction and sentence recorded by the trial court are upheld. The suo motu criminal revision application is also dismissed.
Law Points
- Testimony of child victim
- if credible
- can sustain conviction without corroboration
- Minor inconsistencies do not discredit prosecution case
- POCSO Act provisions for child sexual abuse
- Section 376(2)(n) IPC for repeated rape
