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Child's Unwavering Account Seals Fate: Bombay HC Rejects POCSO Appeal
In a stark reminder of the weight courts place on child victims' testimonies in sexual assault cases, the has dismissed an appeal against a 10-year rigorous imprisonment conviction. Justice R.M. Joshi upheld the trial court's verdict in , affirming charges under Section 376(2)(i) (aggravated rape), 506 (criminal intimidation) of the , and . The ruling underscores that consistent child evidence, bolstered by witnesses and medical hints, trumps the absence of overt injuries.
A Neighbor's Lure Turns Nightmare
The ordeal began in in Ghatkopar, Mumbai. A minor girl, born on (proven via birth certificate), complained of stomach pain to her mother on . She revealed that four days earlier, appellant Pradip Prakash Baikar—residing opposite their home—lured her with food, took her inside, removed her clothes, and sexually assaulted her. The family delayed reporting until consulting relatives, lodging an FIR that night. Police, led by a woman officer, investigated: medical exam, witness statements under , , and forensic analysis followed. The trial court convicted Baikar in after examining seven prosecution witnesses and documents like the FIR and CA reports.
Appellant's Volley: Inconsistencies and Missing Proof
Baikar's counsel hammered the trial court's evidence appraisal. Key thrusts: - Victim couldn't pinpoint the exact date/time, with testimony clashing on details like the incident location (her earlier statement suggested outside). - No external or genital injuries; doctor offered no sexual abuse opinion. - Independent witness PW-5 (neighbor Sultana Baig) unreliable, potentially biased. - Victim's evidence lacked " " without corroboration, citing Supreme Court precedents like Nirmal Premikumar v. State (Cr. App. 1098/2024) on scrutiny of child testimony and Rai Sandip alias Deepu v. State ((2012) 8 SCC 21) on needing reliable proof.
They urged acquittal, alleging false implication over petty disputes like water taps or financial aid.
Prosecution's Shield: Age, Consistency, and Corroboration
The State and victim's counsel countered fiercely. Minor date discrepancies are normal for child victims—the focus is incident narration. PW-5, an independent neighbor, saw the girl with Baikar that day. Baikar's employer confirmed he left work at 4:30 PM, no overtime. Medical report noted redness on the vagina , logically tied to assault. No motive for false implication proven; defense suggestions varied wildly across witnesses. Under POCSO, child's evidence deserves primacy, with Section 29 presumption shifting rebuttal burden—untaken by accused.
Bench's Razor-Sharp Scrutiny: Testimony Trumps Technical Gaps
Justice Joshi meticulously parsed the record. The girl's age as a minor was undisputed, invoking POCSO rigors. Her account—lured indoors, assaulted—was unshaken in , matching PW-5's sighting. Medical opinion is just that—opinion; redness suffices as corroboration, absent other explanations. Precedents demand caution but not blind skepticism; here, no doubt arose from circumstances. False implication claims crumbled under inconsistent defense theories. With core facts proven, Section 29 presumption stood unrebutted.
Key Observations from the Judgment
"In case of offence against a child under, the Court is required to give due weightage to the evidence of the child, who is the victim of sexual assault."
"The victim's evidence not only gets support from the testimony of PW-5 but also medical evidence on record... there is no reason other than the sexual assault for causing of the same redness."
"Once the prosecution proves the core and fundamental facts which lead to the proof of the act of commission of offence, presumption can be raised in view of Section 29 of the Act and it is for the accused to rebut the same."
"In absence of any evidence brought on record by the defence to show any false implication, this Court finds no reason to accept the contention of counsel for the Appellant."
Verdict Locked In: No Leniency on Minimum Sentence
"There is no merit in the appeal and the appeal stands dismissed."
The bench rebuffed reducing the sentence below the 10-year statutory minimum, prioritizing deterrence in child assault cases. This decision reinforces POCSO's protective framework, signaling courts will prioritize victim credibility over forensic absolutes, potentially guiding trials where physical evidence lags but child accounts ring true.
