Case Note & Summary
The case involves an appeal against the conviction of Suresh Surwade for offences under Sections 452 and 377 of the Indian Penal Code, 1860, and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The victim, a 13-year-old deaf, dumb, and partially mentally retarded girl, alleged that on 22 January 2020, the accused entered her house, took her to the bathroom, and committed sexual assault including fellatio and sodomy. The FIR was lodged on 23 January 2020, with a delay of over 24 hours. The trial court convicted the accused based on the victim's testimony recorded with the help of an interpreter, and sentenced him to rigorous imprisonment for twenty years under Section 6 of the POCSO Act. On appeal, the High Court examined the evidence and found that the medical examination revealed no injuries on the victim's body or private parts, and the forensic analysis did not detect semen on the victim's clothes or the accused's clothes. The blood group detected on the victim's knickers matched her own blood group. The court noted that the interpreter was not administered oath, and the trial court did not ascertain the victim's competency to testify. However, the court held that these irregularities alone were not fatal. The key issue was the lack of corroborative medical and forensic evidence to support the victim's testimony. The court found that the prosecution failed to prove the case beyond reasonable doubt, and the inconsistencies in the evidence created doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the accused, giving him the benefit of doubt.
Headnote
A) Criminal Law - Sexual Offences - Delay in FIR - Delay of more than 24 hours in lodging FIR explained by natural conduct of family - Held that delay itself is not fatal if properly explained (Paras 9, 12). B) Evidence Law - Competency of Witness - Deaf and Dumb Victim - Court must ascertain competency before recording evidence - Failure to do so is a serious irregularity - Held that the trial court's failure to ascertain competency vitiates the evidence (Paras 6, 12). C) Evidence Law - Interpreter - Oath - Interpreter assisting deaf and dumb witness must be administered oath - Failure to administer oath is an irregularity but not fatal if no prejudice caused - Held that in this case, the irregularity did not cause prejudice (Paras 6, 8, 12). D) Criminal Law - POCSO Act - Age of Victim - Birth certificate from Gram Panchayat is a public document and sufficient to prove age - Held that the victim was a child under Section 2(1)(d) of POCSO Act (Para 10). E) Criminal Law - Medical Evidence - Absence of Injury - Absence of injury on victim's body or private parts does not necessarily disprove sexual assault - Held that in this case, the absence of corroborative medical and forensic evidence created doubt (Paras 9, 12). F) Criminal Law - Standard of Proof - Benefit of Doubt - Prosecution must prove case beyond reasonable doubt - Inconsistencies and lack of corroboration entitle accused to benefit of doubt - Held that the prosecution failed to prove guilt beyond reasonable doubt (Paras 12-13).
Issue of Consideration
Whether the conviction of the accused under Sections 452 and 377 IPC and Section 6 of the POCSO Act is sustainable in the absence of corroborative medical and forensic evidence and in light of procedural irregularities in recording the evidence of the deaf and dumb victim.
Final Decision
The appeal is allowed. The judgment and order dated 26.10.2021 passed by the learned Special Judge, Khamgaon, is set aside. The appellant is acquitted of all charges. His bail bonds stand discharged.
Law Points
- Delay in lodging FIR
- Absence of corroborative medical evidence
- Competency of victim witness
- Oath to interpreter
- Presumption under POCSO Act
- Standard of proof beyond reasonable doubt
