Case Note & Summary
The case involves three criminal appeals filed by convicts challenging their conviction by the Special Judge, Chandrapur in Special (Child) Case No. 18 of 2015. The appellants were convicted for offences under Section 370 read with Section 34 of the Indian Penal Code (IPC) for trafficking a 14-year-old girl for prostitution. Additionally, appellant Ramsingh Choudhari was convicted under Section 376(2)(n) IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for aggravated penetrative sexual assault. The prosecution case was that the victim was taken from her home by the appellants and sold for prostitution. The victim's testimony and medical evidence supported the charges. The court, after hearing arguments, upheld the convictions and dismissed the appeals, finding no merit in the challenges. The judgment was delivered by Justice V. M. Deshpande on November 21, 2018.
Headnote
A) Criminal Law - Trafficking of Person - Section 370 read with Section 34 IPC - The appellants were convicted for trafficking a 14-year-old girl for forced prostitution. The court held that the evidence of the victim and witnesses established that the appellants took the victim from her home and sold her for prostitution. The conviction under Section 370 IPC was upheld. (Paras 1-10)
B) Criminal Law - Aggravated Penetrative Sexual Assault - Section 6 of POCSO Act, 2012 and Section 376(2)(n) IPC - Appellant Ramsingh Choudhari was convicted for committing rape on the minor victim. The court held that the victim's testimony and medical evidence proved the offence. The conviction under Section 6 POCSO Act and Section 376(2)(n) IPC was upheld. (Paras 1-10)
Issue of Consideration
Whether the prosecution has proved beyond reasonable doubt that the appellants trafficked the minor victim and that Ramsingh Choudhari committed aggravated rape on her.
Final Decision
The appeals are dismissed. The conviction and sentence passed by the Special Judge, Chandrapur in Special (Child) Case No. 18 of 2015 are upheld.
Law Points
- Trafficking of a minor for prostitution constitutes an offence under Section 370 IPC
- aggravated penetrative sexual assault under Section 6 POCSO Act
- common intention under Section 34 IPC
Case Details
2018 LawText (BOM) (11) 90
Criminal Appeal No. 276 of 2017 with Criminal Appeal No. 283 of 2017 and Criminal Appeal No. 438 of 2017
Mr. Mir Nagman Ali, Mr. R. M. Daga, Mr. L. B. Khergade, Mr. N. S. Rao
Smt. Anita Lalchand Dhakate, Smt. Savita @ Surekha W/o Shersingh Choudhari, Ramsingh Kanaram Choudhari, Smt. Heerabai W/o Suresh Mendhwale, Noorjahan Sheikh W/o Subhan Sheikh
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Nature of Litigation
Criminal appeals against conviction for trafficking and rape of a minor girl.
Remedy Sought
Appellants sought acquittal from the conviction and sentence imposed by the Special Judge, Chandrapur.
Filing Reason
Appellants were convicted for offences under Section 370 read with Section 34 IPC and additionally Ramsingh Choudhari under Section 376(2)(n) IPC and Section 6 POCSO Act.
Previous Decisions
The Special Judge, Chandrapur convicted the appellants in Special (Child) Case No. 18 of 2015.
Issues
Whether the prosecution proved the offence of trafficking under Section 370 IPC against all appellants?
Whether the prosecution proved the offence of aggravated penetrative sexual assault under Section 6 POCSO Act and Section 376(2)(n) IPC against Ramsingh Choudhari?
Submissions/Arguments
Appellants argued that the evidence was insufficient and the conviction was erroneous.
State argued that the victim's testimony and medical evidence supported the conviction.
Ratio Decidendi
The evidence of the victim and medical evidence established the offences of trafficking and aggravated penetrative sexual assault beyond reasonable doubt. The court found no reason to interfere with the trial court's findings.
Judgment Excerpts
These three appeals are heard simultaneously and they are decided by this common judgment since these appeals arise out of the judgment and order of conviction passed by the learned Special Judge, Chandrapur in Special (Child) Case No. 18 of 2015.
The appellants in these appeals are convicted for the offence punishable under Section 370 read with Section 34 of the Indian Penal Code and they are directed to suffer rigorous imprisonment for Ten years and to pay a fine of Rs.1,000/ by each of them and in default to suffer rigorous imprisonment for Six months.
Procedural History
The appellants were convicted by the Special Judge, Chandrapur in Special (Child) Case No. 18 of 2015. They filed three separate criminal appeals before the Bombay High Court, Nagpur Bench, which were heard together and disposed of by this common judgment.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 370, 34, 376(2)(n)
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act): 6
