Case Note & Summary
The appellant, Rupesh Parasram Nehare, was convicted by the Special Judge, Warora in Special (POCSO) Case No. 05 of 2015 for offences under Section 5(1) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and under Sections 363, 366A, and 376 of the Indian Penal Code (IPC). He was sentenced to rigorous imprisonment for ten years under Section 6 of POCSO Act, three years under Section 363 IPC, five years under Section 366A IPC, and also convicted under Section 376 IPC and Section 3(a) punishable under Section 4 of POCSO Act, but no separate sentence was awarded for those. All sentences were directed to run concurrently. The appellant challenged the conviction by way of appeal. The prosecution case was that the appellant kidnapped a minor girl (victim, PW1) and took her from one place to another, committing aggravated penetrative sexual assault on her. The trial court acquitted co-accused Pramod Wasnik, and the State did not appeal that acquittal. The High Court, after hearing arguments, found that the victim's testimony was trustworthy and corroborated by medical evidence. The court noted that the victim was a minor and her evidence was consistent. The appellant's counsel argued that the victim's testimony was not reliable and that there were contradictions, but the court rejected these contentions. The High Court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Aggravated Penetrative Sexual Assault - Kidnapping - Minor Victim - Protection of Children from Sexual Offences Act, 2012, Sections 5(1), 6, 3(a), 4; Indian Penal Code, 1860, Sections 363, 366A, 376 - The appellant kidnapped a minor girl and committed aggravated penetrative sexual assault on her. The victim's testimony was found credible and corroborated by medical evidence. The court held that the prosecution proved its case beyond reasonable doubt and upheld the conviction and sentence of ten years rigorous imprisonment under Section 6 of POCSO Act, with all sentences to run concurrently. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 363, 366A, 376 of IPC and Sections 5(1) punishable under Section 6 and Section 3(a) punishable under Section 4 of POCSO Act is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Special Judge, Warora in Special (POCSO) Case No. 05 of 2015 on 27.4.2016 are upheld.
Law Points
- Aggravated penetrative sexual assault
- kidnapping
- minor victim
- POCSO Act
- Indian Penal Code
- conviction upheld
- concurrent sentences
