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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
R. G. AVACHAT, NEERAJ P. DHOTE, JJ.
Maroti S/o Madhav Tikekar - Appellant
Versus
State Of Maharashtra - Respondent
CRIMINAL APPEAL NO.143 OF 2021 WITH CRIMINAL APPLICATION NO.2443 OF 2021
Decided On : 21-02-2025
(A) Indian Penal Code - Sections 376(2)(f)(i)(j), 354(A)(1), 323, 504, 506 - The Protection of Children from Sexual Offences Act, 2012 - Sections 4 and 6 - Conviction and sentence of life imprisonment for sexual offences against minor - The trial court convicted the accused based on the victim's testimony, but the appellate court found inconsistencies and lack of corroborative evidence. (Paras 1, 42)
(B) Delay in Reporting - The victim reported the incident 13 days after its occurrence, raising questions about the credibility of the prosecution's case. The court emphasized that delay must be satisfactorily explained, especially in cases of sexual assault. (Paras 12, 41)
Facts of the case:
The appellant, a father, was accused of sexually assaulting his 14-year-old daughter. The victim reported the incident after a delay of 13 days, citing threats from the appellant. The trial court convicted him based on her testimony. (Paras 2, 4)
Findings of Court:
The appellate court found the evidence insufficient to uphold the conviction, noting inconsistencies in the victim's statements and the delay in reporting. The court concluded that the prosecution's case was not proven beyond a reasonable doubt. (Paras 42, 44)
Issues: The main issues included the credibility of the victim's testimony, the delay in reporting the incident, and the adequacy of medical evidence. (Paras 10, 41)
Ratio Decidendi: The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to inconsistencies in the victim's testimony and the lack of corroborative evidence. The delay in reporting was also a significant factor in questioning the prosecution's credibility. (Paras 42, 44)
Result: The appeal is allowed, and the conviction and sentence are set aside.
JUDGMENT :
R.G. AVACHAT, J.
The challenge in this appeal is to a judgment and order of conviction and consequential sentence, passed by the Court of Additional Sessions Judge (Trial Court), Bhokar, District Nanded, in Special (POCSO) Case, No.7/2019. The material part of the impugned order of conviction and sentence reads thus :
(1) Accused Maroti S/o Madhav Tikekar, Age 40 Years Occu. Labour R/o Savergaon Mal, Tq.Bhokar at present Gandhewar colony, Bhokar Tq.Bhokar Dist. Nanded is hereby convicted u/sec. 235(2) of Cr.P.C. for the offences punishable under sections 376(2)[f][i][j], 354(A)(1), 323, 504 and 506 of Indian Penal Code and Sections 4 and 6 of The Protection of Children from Sexual Offences Act, 2012.
(2) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C for the offence punishable under sections 376(2)[f][i][j] and he is sentenced to suffer Life Imprisonment which shall mean the remainder of that person's natural life and to pay fine of Rs. 5,000/ (Rs. Five thousand only). In default of fine he shall undergo simple imprisonment of 6 months.
(3) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C for the offence punishable under section 354(A)(1) and he is sentenced to suffer one year Rigorous Imprisonment and fine of Rs. 2,000/ (Rs. Two thousand only). In default of fine he shall undergo simple imprisonment of 3 months.
(4) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C for the offence punishable under section 323 of Indian Penal Code and he is sentenced to suffer 6 months Rigorous Imprisonment and fine of Rs. 500/- (Rs. Five hundred only). In default of fine he shall undergo simple imprisonment of 1 month.
(5) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C for the offence punishable under section 504 of Indian Penal Code and he is sentenced to suffer one year Rigorous Imprisonment and fine of Rs. 1,000/ (Rs. One thousand only). In default of fine he shall undergo simple imprisonment of 3 months.
(6) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C for the offence punishable under section 506 of the Indian Penal Code and he is sentenced to suffer one year Rigorous Imprisonment and fine of Rs.1,000/ (Rs. One thousand only). In default of fine he shall undergo simple imprisonment of 3 months.
(7) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C. for the offence punishable u/sec.4 and 6 of The Protection of Children from Sexual Offences Act, 2012, as offence under section 6 is aggravated and major offence therefore, I am giving punishment in major offence under section 6 of POCSO Act, and accused is hereby sentenced to suffer Life Imprisonment and shall pay fine of Rs.5000/- [Rs.Five thousand only] In default of fine he shall undergo simple imprisonment of 3 months.
(8) All above substantive sentences shall run concurrently.
(9) Accused is punished for life imprisonment which shall mean imprisonment remainder of that person's natural life, therefore question does not arise to give set off under section 428 of Cr.P.C to the accused.
2. The facts giving rise to the present appeal are as follows :-
The appellant married P.W.2 - “S” about 10 – 15 years before March 1, 2019. The couple was blessed with a girl child, who was little over 14 years of age at the material time. She is P.W.1 – “R” (name withheld). She was a student of 8th Standard. The appellant, his wife and the victim would reside together. His wife was not keeping well psychologically. The appellant was said to be addicted to liquor. For two months next before March 1, 2019, the appellant would behave with the victim inappropriately whenever his wife used to be away from their house. He would touch her inappropriately.
3. On March 1, 2019, the appellant told his mother that the doctor had asked him to bring cum from his daughter’s private part for treating his cough. By little past 9.30 p.m., all of them
The prosecution must prove its case beyond a reasonable doubt; inconsistencies in testimony and delay in reporting undermine credibility.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
The judgment reinforces the importance of corroborative evidence in sexual assault cases, particularly when the victim is a minor, and clarifies the legal standards for assessing credibility and dela....
The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
(1) Delay – Delay per se cannot be the ground to discard and disbelieve the otherwise credible and trustworthy evidence of the prosecution witness. (2) Delay – If the prosecution is able to prove the....
The presumption of guilt under the POCSO Act requires a solid evidentiary foundation, which was not established in this case, leading to the acquittal of the accused.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
The main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.
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