Case Note & Summary
The criminal appeal arose out of the conviction of the appellant by the Special Judge (POCSO Act) and Additional Sessions Judge, Nagpur, in Special Criminal Case No.12/2014, for offences under Sections 354, 354A(2) of the Indian Penal Code and Sections 8 and 10 of the Protection of Children from Sexual Offences Act, 2012. The victim, an eight-year-old girl, was sexually assaulted by the appellant inside her own house on 13.01.2014. The appellant, a 38-year-old married man who frequented the victim's house to get his clothes ironed, gained entry on the pretext of charging his mobile phone after obtaining permission from the victim's mother, who then left the house. The victim's aunt, who was washing clothes in the courtyard, heard the victim's shout and rushed inside to find the appellant pressing the victim's breasts and stomach with his pant zip open. She immediately slapped the appellant and raised an alarm, leading to his apprehension by neighbours. The trial court convicted the appellant and sentenced him to rigorous imprisonment for three years under Section 354 IPC, two years under Section 354A(2) IPC, and five years under Section 10 POCSO Act, with fines. On appeal, the appellant contended that leniency should be shown in sentencing. The State supported the conviction. The High Court, after re-appreciating the evidence, found the victim's testimony consistent and credible, corroborated by the aunt's eyewitness account and the security guard's observation of the appellant fleeing with his zip open. The court noted that the appellant's admissions under Section 313 CrPC regarding his presence and entry into the house further strengthened the prosecution case. Rejecting the prayer for leniency, the court observed the rising incidence of such crimes against very young children and emphasized the need for deterrent punishment. The appeal was dismissed, and the conviction and sentences were upheld.
Headnote
A) Criminal Law - Sexual Offences - Evidence of Child Witness - Indian Penal Code, 1860, Sections 354, 354A(2); Protection of Children from Sexual Offences Act, 2012, Sections 8, 10 - The victim, aged 8 years, testified about the accused pressing her breasts and stomach; her testimony was consistent with her Section 164 CrPC statement and not challenged in cross-examination; the court found her evidence credible and corroborated by the aunt's eyewitness account. Held that the testimony of a child victim of sexual assault is sufficient if it inspires confidence. (Paras 3, 4, 10) B) Criminal Law - Sexual Offences - Corroboration - Indian Penal Code, 1860, Sections 354, 354A(2); Protection of Children from Sexual Offences Act, 2012, Sections 8, 10 - The aunt (PW2) heard the victim's shout and saw the accused in a compromising position with open pant zip; the mother (PW5) confirmed the accused entered the house to charge his phone; the security guard (PW3) saw the accused fleeing with open zip. Held that the evidence of multiple witnesses corroborates the victim's account, establishing guilt. (Paras 5-7, 11) C) Criminal Law - Sentencing - Leniency - Protection of Children from Sexual Offences Act, 2012, Section 10 - The accused, a married man aged 38, targeted an 8-year-old child; the court noted a spurt in such offences and emphasized the need for deterrent sentencing. Held that leniency cannot be shown, and the sentence of 5 years rigorous imprisonment under Section 10 POCSO Act is just and proper. (Paras 13, 14) D) Criminal Procedure - Examination under Section 313 CrPC - Admissions - Code of Criminal Procedure, 1973, Section 313 - The accused admitted that he used to visit the victim's house for ironing clothes and that he took permission to enter the house to charge his phone. Held that such admissions strengthen the prosecution case by establishing the accused's presence and opportunity. (Para 8)
Issue of Consideration
Whether the prosecution has proved the guilt of the accused under Sections 354, 354A(2) IPC and Sections 8 and 10 of POCSO Act beyond reasonable doubt, and whether the sentence is appropriate.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Evidence of child victim under POCSO Act is reliable when consistent and corroborated
- admission of accused under Section 313 CrPC strengthens prosecution case
- severity of punishment to deter crimes against children
- testimony of child witness not shaken in cross-examination is credible
- natural conduct of witness slapping perpetrator is credible
