Case Note & Summary
The case dealt with a criminal appeal against conviction for sexual assault on a minor girl under the Indian Penal Code and the Prevention of Children from Sexual Offences Act, 2012. The victim, a 14-year-old girl, lived with her father and siblings after her mother's death. The accused was her uncle, aged 25, married shortly before the incident but having marital discord. The victim used to visit the accused's house; he had previously pressed her breasts while teaching her to drive a scooty. On 14 July 2015, the accused called the victim, gave her a cold drink, and later that night forcibly took her near a railway bridge, where he sexually assaulted her. He threatened to kill her if she disclosed the incident and brought her home at 3:00 am. The next day, when the accused tried to drag her again, she escaped and narrated the ordeal to her grandmother and a social worker. An FIR was lodged on 16 July 2015. The police investigated, and after medical examination and collection of evidence, a chargesheet was filed. The Trial Court convicted the accused under Sections 354A(1)(i), 376(2)(f) and (i) IPC read with Sections 5 and 6 of the POCSO Act, and Section 506-II IPC, sentencing him to life imprisonment. The accused appealed, contending that the victim's testimony was unreliable due to absence of injuries, lack of conclusive medical opinion, non-proof of age by the birth certificate, and false implication arising from a property partition dispute with her father. The State opposed the appeal, asserting that the victim was a minor, her testimony was consistent and credible, medical evidence corroborated sexual assault, and there was no motive to fabricate. The High Court found the victim's evidence to be natural, consistent, and free from embellishment. It held that in sexual offences against minors, a credible testimony can sustain a conviction even without corroboration. The medical evidence of torn hymen and the doctor's opinion that intercourse possibly occurred within seven days supported the victim's version. Absence of external injuries was not fatal, given the circumstances. The defence of false implication based on property dispute was not persuasive because the victim regularly visited the accused and the father had not objected, indicating no active enmity. The court implicitly accepted the age of the victim as proved. Consequently, the High Court dismissed the appeal and confirmed the conviction and sentence.
Headnote
A) Criminal Law - Sexual Offences Against Children - Credibility of Minor Victim - Indian Penal Code, 1860, Sections 354A(1)(i), 376(2)(f)&(i); Prevention of Children from Sexual Offences Act, 2012, Sections 5 and 6 - The victim, a 14-year-old, gave detailed and consistent testimony that the accused, her uncle, sexually assaulted her. The Court found no reason to disbelieve her, as she had no motive to falsely implicate him at the cost of her reputation. Held that the minor victim's credible testimony can be the sole basis for conviction. (Paras 7-18) B) Evidence Law - Corroboration - Medical Evidence in Rape Cases - Indian Penal Code, 1860, Section 376 - Medical examination revealed hymen torn and vagina admitting fingers; the doctor opined that the victim might have been subjected to sexual intercourse within seven days prior. The Court held that this medical evidence corroborated the victim's account. (Paras 15-18) C) Criminal Law - Sexual Offences - Absence of Injuries - The absence of external injuries on the victim does not discredit her testimony, as the incident occurred under a railway bridge two days before medical examination and not every sexual assault causes visible injuries. Held that absence of injuries is not fatal to the prosecution case. (Para 17) D) Criminal Law - Defence of False Implication - Property Dispute - Indian Penal Code, 1860 - The accused claimed false implication due to a property partition dispute. The Court noted that the victim was freely visiting the accused and the father did not object, indicating no active enmity. Held that such a defence does not vitiate a consistent and credible testimony. (Paras 11, 17) E) Criminal Law - Proof of Age - Birth Certificate - Prevention of Children from Sexual Offences Act, 2012 - The accused challenged the age proof, arguing that the birth certificate (Exhibit 55) was not proved by examining the issuing officer. The Court implicitly accepted the victim's age as 14 based on her testimony and the trial court's finding. Held that the victim's evidence regarding her age was sufficient to establish minority. (Paras 3, 4, 7)
Issue of Consideration
Whether the trial court rightly convicted the appellant under Sections 354A(1)(i), 376(2)(f) & (i) read with Sections 5 and 6 of the POCSO Act and Section 506-II IPC, and whether the victim's testimony was credible despite lack of injury and alleged property dispute
Final Decision
Criminal Appeal dismissed. Conviction and sentence of the trial court confirmed. Appellant to undergo life imprisonment under IPC and POCSO Act, and pay fines as imposed.
Law Points
- Credibility of minor victim's testimony in POCSO cases
- Corroboration by medical evidence despite absence of definite opinion
- Absence of injuries not fatal in sexual offences
- Defence of false implication based on property dispute rejected
- Conviction under Sections 354A(1)(i)
- 376(2)(f)(i) IPC and Sections 5
- 6 POCSO Act upheld
