Case Note & Summary
The appellant, Devanand Rajabhau More, was convicted by the Special Court, Ambajogai, in Special POCSO Case No. 4/2014 for offences under Sections 363, 366A, 376(2) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The prosecution case was that the victim, a 15-year-old girl studying in 10th standard, was kidnapped by the appellant on 11.12.2013 from her school. The appellant took her to various places including Pandharpur, Solapur, and Tuljapur, and married her at a temple. He had sexual intercourse with her against her will. The victim's mother lodged a missing complaint, and the victim was recovered on 17.12.2013. The trial court convicted the appellant based on the victim's testimony, medical evidence, and other circumstances. The appellant appealed against the conviction. The High Court examined the evidence and found that the victim's testimony was consistent and credible, corroborated by medical evidence showing recent sexual intercourse. The victim was below 16 years of age, and thus her consent was immaterial. The court held that the prosecution had proved all ingredients of the offences beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Kidnapping - Section 363 IPC - Taking away minor from lawful guardianship without consent - Prosecution proved that victim, aged 15 years, was taken away by accused from her school without informing her mother - Held that offence of kidnapping is made out (Paras 10-12). B) Criminal Law - Kidnapping for marriage - Section 366A IPC - Inducing minor girl to go with accused for marriage - Accused took victim to various places and married her - Held that inducement for illicit intercourse is implicit (Paras 13-15). C) Criminal Law - Rape - Section 376(2) IPC - Sexual intercourse with minor below 16 years - Victim's testimony consistent and corroborated by medical evidence of recent sexual intercourse - Held that offence of rape is proved (Paras 16-20). D) Protection of Children from Sexual Offences Act, 2012 - Aggravated penetrative sexual assault - Section 6 - Victim below 16 years - Accused committed penetrative sexual assault - Held that offence under Section 6 is made out (Paras 21-23).
Issue of Consideration
Whether the conviction of the appellant under Sections 363, 366A, 376(2) of IPC and Section 6 of POCSO Act, 2012 is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Special Court, Ambajogai, in Special POCSO Case No. 4/2014 on 1.8.2016 are confirmed.
Law Points
- Consistent testimony of victim
- medical evidence corroborating sexual intercourse
- age of victim below 18 years
- presumption under Section 29 of POCSO Act
- no consent valid if under 16 years
- kidnapping without consent established
