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2020 Supreme(Bom) 506
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT NAGPUR BENCH
V.M. Deshpande, J.
Sunil @ Sumit - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 655 of 2019
Decided On : 21-01-2020
Mr. Amit S. Band, Advocate for the appellant, for the Appellant; Mr. M. J. Khan, A. P. P. for the respondent /State, for the Respondent
The judgment emphasizes the credibility of witness testimonies, the presumption of guilt under the POCSO Act, and the concept of abetment under the Indian Penal Code.
Headnote:
POCSO Act - Sexual Offences - Indian Penal Code, Section 376(2)(i)(j), Section 109, Section 354, Section 354A, Section 342 - POCSO Act, Section 16, Section 17, Section 3, Section 4
Fact of the Case:
The appellant and co-accused were convicted for sexual offences under the Indian Penal Code and the Protection of Children from Sexual Offences Act. The victim, a minor, was allegedly raped by the co-accused while the appellant abetted the crime. The prosecution presented evidence including witness testimonies and medical reports.
Finding of the Court:
The court found the prosecution's case to be credible, rejecting the appellant's claim of false implication and consent. The court noted the delay in reporting the incident, attributing it to fear and societal pressure. The court emphasized the victim's testimony, medical evidence, and the presumption of guilt under the POCSO Act.
Issues: Delay in reporting, credibility of witness testimonies, presumption of guilt under the POCSO Act, abetment of the offence
Ratio Decidendi: The court upheld the conviction based on the victim's testimony, medical evidence, and the presumption of guilt under the POCSO Act. The delay in reporting was deemed reasonable considering the victim's circumstances. The court found the appellant guilty of abetting the offence.
Final Decision: The criminal appeal was dismissed, and the appellant's conviction and sentence were upheld.
JUDGMENT
1. This appeal is filed by the appellant, who is in jail, through his Advocate Mr. Amit S. Band. The appellant along with co-accused Rohit @ Golu were convicted by the learned Extra Joint Additional Sessions Judge, Nagpur in Special Child Protection Case No. 246/2017 by its judgment and order dated 25.03.2019.
2. The appellant/accused no.1 was convicted for the offence punishable under section 376(2)(i)(j) read with Section 109 of the Indian Penal Code and under Sections 16 and 17 read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ''the POCSO Act'' for the sake of brevity) and he was sentenced to suffer rigorous imprisonment for Ten years and to pay a fine of Rs.2,000/-, however no separate sentence was imposed on him for his conviction under Sections 16 and 17 read with Sections 3 and 4 of the POCSO Act. He was also convicted for the offence punishable under Sections 354 and 354A of the Indian Penal Code and was directed to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-. He was also convicted for the offence punishable under Section 342 of the Indian Penal Code and was directed to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/-. All the sentences were directed to run concurrently.
Accused no.2 Rohit @ Golu was convicted for the offence punishable under Section 376(2)(i)(j) of the Indian Penal Code read with under Sections 3 and 4 of the POCSO Act and directed to suffer rigorous imprisonment for Ten years and to pay a fine of Rs.2,000/-. He was also convicted for the offence punishable under Section 506 of the Indian Penal Code and directed to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/-. He was also convicted for the offence punishable under Section 342 of the Indian Penal Code and was directed to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/-. It is informed to this Court that the said co-accused chose not to file any appeal before this Court.
3. In view of the aforesaid, this Court is required to assess the prosecution case qua the appellant only, who was accused no.1 in Special Child Protection Case No. 246/2017.
4. The prosecution case as it was disclosed during the course of trial, can be narrated as under :-
A] Smt. Swati Lokhande, a Woman Police Naik, was attached to Weltur Police Station on 10.8.2017 and when she was discharging her duties on the said day, at 11.30 am, the victim along with her grandmother came to police station. The victim gave her oral report. It is at Exh.19. After recording the said report as per the victims version, the said was signed by the victim herself. Subsequently, on the basis of said report, the offence was registered with the said police station vide Crime No. 79/2017. The printed first information report is at Exh.86. Smt. Swati Lokhande also recorded the statement of some witnesses after registration of the crime.
B] As per the report (Exh.19), the victim is aged about 13 years and she was taking her education in 8 th standard at Bhartiya Dnyanpeeth School at village Fegad. She is having one elder sister and two brothers. Her parents are the labourers. As per the report, on 05.8.2017, she along with her friend Anjali at 5.00 Oclock in the evening were proceeding to their friend Harsha for obtaining homework note book. That time, Sumit Ramteke (appellant) called her. Anjali proceeded further. At that time, the appellant caught hold the victim and took her to the house of Golu Barsagade (co- accused). Thereafter, she was pushed by the appellant inside the house of Golu and from outside he latched the room. That time co- accused Golu was present in the house. As per the first information report, from the outside appellant stated ''xkyq yk teoq n] ryk fdrh ilsikghtsrseh nrk''. Therafter, as per the first information report, co-accused Golu removed the clothes of the victim and committed rape on her. In the meanw
