Summary of Judgement
1. Introduction
- The Bombay High Court, Nagpur Bench, overturned the conviction of Suresh Kisan Surwade, who was convicted under Sections 452, 377, and other sections of IPC and Section 6 of the POCSO Act by a Special Judge. The case revolved around the sexual assault of a 13-year-old mentally challenged and disabled victim.
2. Background
- The prosecution’s case began with a police complaint filed by the victim's family, stating that the accused, in a drunken state, assaulted the victim at her residence on January 22, 2020. The victim, who was deaf, mute, and mentally challenged, narrated the incident through a special teacher, which led to the charges against the accused.
3. Appeal Argument
- The defense appealed, arguing that procedural irregularities in recording the victim's statement, lack of medical evidence of injury, and delayed reporting (over 24 hours) undermined the prosecution’s case.
4. Judgment Details
- The Court noted procedural errors, such as the interpreter not being administered an oath and the victim's mental disability not being adequately examined by a specialist. The medical examination of the victim did not corroborate sexual assault claims due to the absence of injuries.
5. Evidence and Reasoning
- The delay in filing the complaint, discrepancies in witness testimonies, and absence of physical injuries led the Court to question the credibility of the prosecution’s case. Additionally, the accused's defense regarding a property dispute between the families was considered plausible.
6. Conclusion
- The High Court set aside the trial court's conviction and ordered the immediate release of the accused, citing insufficient evidence and procedural lapses as key reasons for the acquittal.
Acts and Sections Discussed
- Indian Penal Code (IPC):
- Section 452: House trespass after preparation for hurt, assault or wrongful restraint.
- Section 376(2)(j): Rape of a mentally or physically disabled woman.
- Section 377: Unnatural offenses (sodomy).
- Protection of Children from Sexual Offences Act (POCSO):
- Section 6: Aggravated penetrative sexual assault.
Ratio Decidendi
- The High Court acquitted the accused due to significant procedural lapses, inconsistencies in the evidence, lack of medical corroboration, and a delay in lodging the First Information Report (FIR). The Court also criticized the failure to follow proper legal procedures for examining and recording the statements of a mentally challenged victim.
Subjects:
Acquittal, POCSO Act, Criminal Appeal, Sexual Assault, Procedural Lapse, IPC 377, Mental Disability, Nagpur Bench Judgment, Bombay High Court.
Case Title: Suresh S/o. Kisan Surwade Versus The State of Maharashtra & Anr.
Citation: 2024 LawText (BOM) (9) 54
Case Number: CRIMINAL APPEAL NO. 420 OF 2022
Date of Decision: 2024-09-05