Case Note & Summary
The appellant, Akash s/o Devanand Tempe, was convicted by the Sessions Judge, Nagpur in Special Criminal (POCSO) Case No. 198/2016 for the offence punishable under Section 376(2)(i) of the Indian Penal Code read with Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012. He was sentenced to rigorous imprisonment for 10 years and a fine of Rs.10,000/-, with default sentence of six months. The trial court also directed payment of Rs.7,000/- to the victim as compensation under Section 357 Cr.P.C. and referred the case for additional compensation under Section 357A Cr.P.C. The appellant appealed against the conviction and sentence. The prosecution case was that on 15.04.2016, the victim, a 15-year-old girl studying in 7th standard, attended a marriage ceremony with her mother. At around 9.30 p.m., while the mother was engaged in dinner and interacting with relatives, the victim went to play. The appellant, who was known to the victim, took her to a secluded place and committed rape. The victim's mother lodged an FIR on 16.04.2016. The appellant was arrested and remained in custody throughout the trial. The trial court convicted the appellant based on the testimony of the victim (PW1), her mother (PW2), and other witnesses. The High Court examined the evidence and found that the victim's testimony was consistent, credible, and trustworthy. Minor contradictions in the evidence of other witnesses did not affect the core of the prosecution case. The age of the victim was proved by the school register and birth certificate, establishing that she was below 18 years. The court held that under Section 29 of the POCSO Act, a presumption arises against the accused once the foundational facts are proved, and the appellant failed to rebut that presumption. The court also noted that the sentence of 10 years was not excessive. Accordingly, the appeal was dismissed and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Rape of Minor - Credibility of Victim's Testimony - The testimony of the victim in sexual offences is sufficient for conviction if found credible and trustworthy, even without corroboration. Minor contradictions or omissions do not discredit the victim's evidence. (Paras 7-10) B) Evidence Law - Age of Victim - Proof by School Records - The age of the victim can be proved by the school register and birth certificate. In the absence of challenge to the school record, the age of the victim as 15 years is established. (Paras 11-12) C) POCSO Act - Presumption under Section 29 - Once the foundational facts are proved, the court shall presume that the accused committed the offence. The burden shifts to the accused to rebut the presumption. (Para 13) D) Criminal Law - Sentence - Rigorous Imprisonment for 10 Years - The sentence of 10 years rigorous imprisonment with fine of Rs.10,000/- and compensation to victim under Section 357 Cr.P.C. is appropriate and not excessive. (Paras 14-15)
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(i) IPC and Sections 4 and 8 of POCSO Act is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence upheld.
Law Points
- Testimony of victim in sexual offences is sufficient for conviction if found credible
- minor contradictions do not discredit
- age of victim can be proved by school records
- presumption under Section 29 POCSO Act
