Case Note & Summary
The appellant, Akhil Ismail Pinjari, was convicted by the Additional Sessions Judge, Pune, for offences under Section 354 of the Indian Penal Code and Section 7 read with 8 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to rigorous imprisonment. The case arose from an incident on 27 March 2017, where a four-year-old girl (victim) allegedly went to buy sweets with her brother and was later found crying. The victim's mother claimed that the victim disclosed that the appellant tried to gag her mouth. The victim's uncle, Akram Nayab, claimed he saw the appellant gagging the victim and attempting to take her away. The appellant was arrested and convicted. On appeal, the Bombay High Court examined the evidence, noting material contradictions in the testimonies of the child victim and the uncle. The child's testimony was inconsistent with her earlier statements, and the uncle's testimony contradicted the prosecution's case. The court found the prosecution case improbable and held that the conviction was not sustainable. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court directed that the appellant be set at liberty unless required in any other case.
Headnote
A) Criminal Law - POCSO Act - Sexual Assault - Section 7 read with 8 of Protection of Children from Sexual Offences Act, 2012 - Conviction set aside due to material contradictions and improbable prosecution case - The child victim's testimony was inconsistent and the uncle's testimony was contradictory; the court held that the prosecution failed to prove the case beyond reasonable doubt (Paras 5-12). B) Criminal Law - Indian Penal Code - Assault or Criminal Force to Woman with Intent to Outrage Modesty - Section 354 IPC - Acquittal - The court found that the evidence of the child witness and the uncle was unreliable and the prosecution case was improbable, leading to the benefit of doubt being given to the appellant (Paras 5-12).
Issue of Consideration
Whether the conviction of the appellant under Section 354 of IPC and Section 7 read with 8 of POCSO Act is sustainable in law based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Bail bonds cancelled. Appellant to be set at liberty unless required in any other case.
Law Points
- Acquittal in POCSO case
- Material contradictions
- Improbable prosecution case
- Unreliable child witness
- Benefit of doubt
