Case Note & Summary
The appellant, Sandip s/o Atmaram Khandekar, was convicted by the Special Court at Warora for the offence of rape under Section 376 of the Indian Penal Code and under Sections 3, 5 and 9 punishable under Sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case arose from an incident on 30th October 2014, when the prosecutrix, a 5-year-old girl, was taken by the appellant on the pretext of offering her sweets. Her mother, PW5 Sangita Jivtode, noticed the child crying and upon inquiry, the child stated that the appellant had inserted his finger into her vagina. The mother observed bleeding and took the child to the police station where an FIR was lodged. Medical examination on 1st November 2014 revealed a fresh tear of the hymen with multiple blood stains and inflammation, confirming sexual assault. The appellant was arrested and charged. The trial court convicted him, and he appealed to the Bombay High Court. The High Court examined the evidence, including the testimony of the prosecutrix (PW1), her mother (PW5), and the medical officer (PW2). The court found the medical evidence corroborated the child's testimony. The appellant argued that the medical report did not mention any external injuries and that the child's testimony was unreliable. However, the court held that the medical evidence of fresh hymenal tear and bleeding was sufficient to prove penetration. The court also noted that the child's testimony was consistent and credible. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Section 376 IPC, Sections 3, 4, 5, 6, 9, 10 POCSO Act - Conviction based on medical evidence and victim's testimony - The appellant was convicted for inserting finger into vagina of a 5-year-old girl causing bleeding and fresh tear of hymen - Medical evidence corroborated the prosecutrix's testimony - Held that conviction is sustainable as prosecution proved case beyond reasonable doubt (Paras 1-10). B) Evidence Law - Testimony of Child Victim - Corroboration - The testimony of the minor prosecutrix was found reliable and was corroborated by medical evidence showing fresh tear of hymen and bleeding - Held that conviction can be based on sole testimony of victim if credible (Paras 5-8). C) Sentencing - Rape of Minor - Section 376 IPC - Sentence of 10 years rigorous imprisonment - The appellant was sentenced to 10 years RI for rape of a 5-year-old child - Held that sentence is not excessive given the gravity of offence (Paras 9-10).
Issue of Consideration
Whether the conviction of the appellant under Section 376 IPC and Sections 3, 4, 5, 6, 9, 10 of the Protection of Children from Sexual Offences Act, 2012 is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence of the appellant under Section 376 IPC and Sections 3, 4, 5, 6, 9, 10 of POCSO Act upheld.
Law Points
- Conviction for rape of minor can be based on medical evidence and testimony of victim even without corroboration
- Penetration is not necessary for offence under POCSO Act
- Sentence of 10 years RI for rape of 5-year-old child is not excessive
