Case Note & Summary
The appellant, Dadarao Gotiramji Khandare, was convicted by the Sessions Court, Amravati, under Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for allegedly committing sexual assault and penetrative sexual assault on a 17-year-old girl. The incident allegedly occurred on 20 October 2014 when the prosecutrix, a hostel resident, was returning from the library and was forcibly taken into the appellant's room and subjected to sexual intercourse. The prosecutrix did not immediately report the incident but disclosed it later to a social worker, leading to an FIR. The trial court convicted the appellant based on the prosecutrix's testimony and sentenced him to 7 years and 3 years rigorous imprisonment respectively. On appeal, the High Court examined the evidence and found that the prosecutrix's testimony contained material contradictions and improvements. Specifically, her version of events varied regarding the time of the incident and the manner in which she was taken to the room. The medical evidence did not show any signs of forcible sexual intercourse, and the delay in reporting was not satisfactorily explained. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Sexual Offences - POCSO Act - Conviction - Reliability of Prosecutrix - The court examined whether the testimony of the prosecutrix was trustworthy and consistent, and whether medical evidence corroborated the allegation of sexual assault. Held that the prosecutrix's evidence suffered from material contradictions and improvements, and medical evidence did not support forcible sexual intercourse, thereby rendering the prosecution case doubtful (Paras 1-10). B) Evidence Law - Child Witness - Age Determination - The court considered the age of the prosecutrix as 17 years based on school records, but noted that the prosecutrix was examined as a child witness under the POCSO Act. However, the inconsistencies in her testimony and lack of corroboration led to acquittal (Paras 2-8).
Issue of Consideration
Whether the conviction of the appellant under Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Conviction under POCSO Act requires reliable and consistent testimony of prosecutrix
- corroboration by medical evidence
- and proof of age of victim
- benefit of doubt must be given when prosecution case suffers from material contradictions and improvements.
