Case Note & Summary
The High Court of Judicature at Bombay heard a criminal appeal filed by Jitendra Tanaji Sapkal against his conviction and sentence by the Sessions Court in Special Case No. 4 of 2014. The appellant was convicted for multiple offences including attempt to murder, causing grievous hurt by acid attack, kidnapping, and sexual assault of a minor under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. The case arose from an FIR lodged by the father of the victim (P.W.1) alleging that the appellant had a history of harassing and stalking his 17-year-old daughter, had previously sexually assaulted her, and on 19 October 2013, kidnapped her, threw acid on her face, and forced acid into her mouth at an isolated spot near Gorai Jetty. The prosecution examined 26 witnesses including the victim (P.W.2), her father, her sister (P.W.3), eyewitnesses to the assault, doctors who treated the acid burns, and the investigating officer. The victim gave a detailed account of the prior relationship, the repeated harassment, the filing of previous complaints, and the day of the incident when the accused dragged her into an auto-rickshaw, gagged her, took her to a riverside, and attacked her with acid. She consistently stated that the accused was annoyed because she refused to marry him and had recorded his misconduct to show police. Passers-by rescued her and handed the accused over to police. Medical evidence confirmed acid burns and grievous injuries. The defence attempted to suggest a consensual love relationship and that the incident was concocted, but the trial court found the evidence credible and convicted the appellant. On appeal, the High Court re-evaluated the evidence. It held that the victim's testimony was clear, consistent, and withstood cross-examination, and that her account alone was sufficient to base a conviction if found trustworthy. The court found corroboration in the medical evidence, the testimonies of eyewitnesses, the prior complaints, and the recovery of the acid container. The ingredients of each charged offence were established. The appeal was dismissed, and the conviction and sentences—including 10 years' rigorous imprisonment for the acid attack under Section 326A IPC—were upheld. The judgment reinforces the principle that in sexual and violent offences against minors, the credibility of the victim is paramount and conviction can stand on her sole testimony if it inspires confidence.
Headnote
A) Evidence - Appreciation of Testimony - Credibility of Victim - Indian Penal Code, 1860, Sections 307, 326A, 363, 364, 376; Protection of Children from Sexual Offences Act, 2012, Sections 4, 7, 8, 12 - The victim, a minor, gave a consistent and detailed account of the kidnapping, acid attack, and prior sexual assault. The defence failed to shatter her credibility during cross-examination. Held that the conviction could be based solely on her testimony, which was found to be trustworthy and reliable. (Paras 9-12) B) Medical Evidence - Corroboration of Injuries - Acid Attack - Indian Penal Code, 1860, Section 326A - Medical witnesses (P.W.13, P.W.20, P.W.21, P.W.22) were examined to prove the nature and extent of burn injuries caused by acid. The victim sustained grievous injuries, corroborating her account. The court relied on this medical evidence to establish the commission of the offence under Section 326A IPC. (Paras 3, 8) C) Kidnapping and Abduction - Sections 363, 364 IPC - Kidnapping with Intent to Cause Harm - Indian Penal Code, 1860, Sections 363, 364 - The victim was dragged into an auto-rickshaw, her mouth gagged, and taken to an isolated place at Gorai Jetty. This act fulfilled the ingredients of kidnapping and abduction with the intent to cause grievous hurt by throwing acid. The planned nature of the abduction, including keeping a boat ready, established the offence. (Paras 4, 9) D) Sexual Offences - Protection of Children from Sexual Offences Act - POCSO Act, 2012, Sections 4, 7, 8, 12 - The victim was aged about 17 years at the time of the incident, making her a child under the POCSO Act. Evidence of penetrative sexual assault and other forms of sexual abuse by the accused prior to the acid attack was established through her testimony and other witnesses, resulting in conviction under the POCSO Act. (Paras 6, 7) E) Criminal Procedure - Recording of Statement under Section 164 CrPC - Code of Criminal Procedure, 1973, Section 164 - The victim's statement was recorded before a Magistrate under Section 164 CrPC after she regained medical stability. This provided additional support to the prosecution case by recording her version at an early stage. (Para 9) F) Motive - Prior Harassment and Refusal to Marry - Conduct of Accused - Indian Penal Code, 1860, Sections 307, 326A - The evidence of repeated prior harassment, complaints to police, and the victim's refusal to continue a relationship established a strong motive for the acid attack. The accused had previously been warned and assured to desist, but continued his conduct, culminating in the present incident. (Paras 7-9)
Issue of Consideration
Whether the prosecution proved the guilt of the appellant beyond reasonable doubt for offences under Sections 307, 326A, 363, 364, 376 of the Indian Penal Code, 1860 and Sections 4, 7, 8, 12 of the Protection of Children from Sexual Offences Act, 2012, and whether the conviction and sentence imposed by the trial court were justified.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentences imposed by the trial court.
Law Points
- testimony of victim sole basis for conviction
- corroboration not necessary if testimony trustworthy
- acid attack causing permanent disfigurement constitutes grievous hurt under Section 326A IPC
- kidnapping with intent to cause harm under Section 364 IPC
- sexual assault under POCSO Act based on age of victim
- prior conduct of accused indicates motive
