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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
R.N. Laddha, J.
Bhagu Kokre – Appellant
Versus
State Of Goa – Respondent
Criminal Appeal No. 7 of 2021
Decided On : 29-08-2022
Conviction - Sexual Offences - IPC 363, IPC 376(2)(i), Goa Children's Act, 2003, POCSO Act, 2012 - The court found the accused guilty of kidnapping and raping a minor girl, and upheld the judgment of conviction and sentence. The victim's age was established through a school certificate, and her testimony was corroborated by medical evidence. The court dismissed the appeal and directed the state to compensate the victim.
Fact of the Case:
The appellant was convicted for kidnapping and raping a minor girl. The victim, the brother of the victim girl, had brought her from their home in Karnataka to live with him in Goa. The accused kidnapped and raped the victim, and the crime was reported to the police. The trial court found the victim to be a minor and convicted the accused.
Finding of the Court:
The court upheld the trial court's findings, stating that the victim's age was established through a school certificate and medical evidence. The court found the victim's testimony to be truthful and reliable, and dismissed the appeal.
Issues: The main issues were the victim's age, the occurrence of the kidnapping and rape, and the credibility of the victim's testimony.
Ratio Decidendi: The court relied on the victim's school certificate and medical evidence to establish her age. The court also found the victim's testimony to be credible and reliable, and dismissed the appeal.
Final Decision: The appeal was dismissed, and the state was directed to compensate the victim.
JUDGMENT
1. Challenge in this appeal is to a judgment of conviction and order of sentence passed by the President, Children's Court for the State of Goa at Panaji, in Special Case No.68 of 2014 whereby and whereunder the appellant-accused came to be convicted for the offences punishable under Section 363 of Indian Penal Code and under Section 376 (2)(i) of Indian Penal Code r/w Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 8(2) of the Goa Children's Act, 2003 and sentenced to suffer simple imprisonment for one year and fine of 1,000/- and rigorous imprisonment ? for ten years and fine of ?2,00,000/-, with default stipulations on the respective counts.
2. The facts which are essential to be exposited for the disposal of this appeal are that the complainant is the brother of the victim girl.
He had rented a room in Agarwada, Pernem. He brought the victim girl, his younger sister, from their home in the State of Karnataka to live with him in Agarwada, Pernem in April, 2014, barely 15 days before the incident, to prepare meals for him.
3. As usual, the first informant reported for work on 22 April 2014. The accused came to the room rented by the first informant and requested the victim for some water to drink. The victim was alone in the room and was washing her clothes. After drinking the water, the accused held her hand, led her to a cashew plantation and raped her there. Accused then made her to go with him to his uncle's place.
4. As the prosecution story proceeds, upon enquiries conducted by the first informant, he came to know that on 22 April 2014, his sister-victim was seen with the accused at Mandrem. Therefore, he reported the matter to the police. The crime came to be registered vide Cr. No.80 of 2014 for the offences punishable under Sections 363 of IPC and under Section 8 of the Goa Children's Act, 2003.
5. During investigation, the accused and the victim girl were apprehended at BCP Naibag. They were brought to the Police Station.
The statement of the victim girl was recorded. The accused was interrogated. Their medical examination was carried out. The clothes which the victim girl and the accused wore at the time of occurrence came to be seized. The investigating officer visited the scene of occurrences and drew panchanamas. The accused came to be arrested.
The witnesses were interrogated, and their statements were recorded.
The blood samples and other articles, obtained consequent to medical examination, and the seized clothes were sent to the forensic science laboratory for analysis. Medical examination certificates were obtained.
After finding the complicity of the accused, a charge sheet was filed for the offences punishable under Sections 363, 376 of IPC, Section 8(2) of Goa Children's Act, 2003 and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
6. Charge came to be framed against the accused for the offences punishable under Sections 363, 376(2)(i) IPC r/w. Section 8(2) of Goa Children's Act, 2003 and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The accused abjured his guilt and claimed trial.
7. At the trial, to substantiate the indictment against the accused, the learned trial Court recorded the evidence of witnesses, namely the first informant/brother of the victim girl (PW1)(name withheld), victim girl (PW2) (name withheld), Dr Girish Kamat (PW3), PC-Sunil Bhagat (PW4), Babu Pandarmise (PW5), PC-Satyawan Malewadkar (PW6), Umesh Kokre (PW7), Dondu Kokre (PW8), Vilas Kokre (PW9), Umesh Naik (PW10)-Public witness to the attachment panchanama dated 24.04.2014 (Exh.42) and to the scene of offence panchanama (Exh.41) dated 26.04.2014 (PW10), Appu Gaude (PW11), LPC-Monali Sawant (PW12), Anant Kandolkar (PW13)-Public witness to the attachment panchanama (Exh.C-42) dated 24/04/2014, PI-Uday Gaude- investigating officer (PW14) and K.B. Malappanar(PW15)-Head Master of Government Lower Primary School.
8. The statement of the accused under Sect
The victim's testimony in cases of sexual assault is entitled to great weight, and corroboration is not always necessary for judicial reliance.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The court established that the victim's age and circumstances negate any claim of consent, reinforcing strict liability for sexual crimes against minors under Indian law.
The burden of proof lies on the prosecution to establish the guilt of the accused beyond reasonable doubt.
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The central legal point established in the judgment is the stringent burden of proof required in cases involving offences against minors, emphasizing the necessity of credible evidence to establish g....
The victim's consistent statement, medical evidence, and corroborating witness testimonies are crucial in establishing the occurrence of the crime and the victim's age, even in the absence of eyewitn....
Determination of age – Wherever dispute with respect to age of a person arises in context of her or him being a victim under POCSO Act, courts have to take recourse to steps indicated in Section 94 o....
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