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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT ITANAGAR BENCH
HON’BLE MR. JUSTICE KARDAK ETE, HON’BLE MR. JUSTICE BUDI HABUNG
Shri Arjun Sonar (Convict- Appellant
Versus
The State of Arunachal Pradesh to be represented by Public Prosecutor - Respondent
Criminal App.(J) No. 06 OF 2022
Decided On : 01-07-2024
POCSO - Criminal Appeal - Section 376 IPC, Section 6 POCSO Act 2012 - The court discussed the provisions of Section 376 of the IPC concerning rape and Section 6 of the POCSO Act, which pertains to aggravated penetrative sexual assault against minors. The court emphasized the importance of the victim's testimony, particularly given her status as a minor, and upheld the conviction based on the consistency of her statements and corroborating medical evidence. The court interpreted the legal provisions to affirm the gravity of the offense and the necessity of a stringent sentence to reflect the seriousness of the crime against a vulnerable victim.
Fact of the Case:
The appellant, Shri Arjun Sonar, was convicted for raping his 11-year-old niece, Smti Nirmala Sonar, on 23.11.2018. The victim was alone at home when the accused, her paternal uncle, took advantage of the situation. After the incident, the victim was threatened not to disclose it, leading to a delayed FIR lodged on 28.11.2018. The investigation confirmed the victim's age and the occurrence of the crime through medical examination.
Finding of the Court:
The court found the appellant guilty based on the victim's consistent testimony and corroborating evidence. The defense's argument regarding the inadequacy of cross-examination was dismissed, as the victim's statements were deemed credible and reliable. The court noted that the victim's minor status did not invalidate her testimony, and the conviction was supported by sufficient evidence.
Issues: 1. Whether the conviction under Section 6 of the POCSO Act was justified based on the evidence presented. 2. Whether the sentence of 20 years rigorous imprisonment should be reduced.
Ratio Decidendi: The court held that the victim's testimony, despite her being a minor, was credible and sufficient for conviction. It emphasized that the absence of corroborating evidence does not negate the victim's testimony if it is believable. The court also ruled that the severity of the crime warranted the sentence imposed, reflecting the need for justice for the victim.
Final Decision: The appeal was dismissed, and the conviction and sentence of 20 years rigorous imprisonment were upheld.
JUDGMENT :
Budi Habung, J.
Heard Mr. P. Taffo, learned Amicus Curiae appearing for the appellant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State of Arunachal Pradesh and Mr. L. Perme, learned counsel representing the respondent No. 2 (victim).
2. This criminal jail appeal is preferred by the appellant/convict namely, Shri Arjun Sonar. He has been convicted by the Court of Special Judge, POCSO, East-Session Division, Tezu, District Lohit, Arunachal Pradesh in POCSO Case No. 02/(LDV)/2019 arising out Roing P.S. Case No. 55/2018, u/s 376/506 IPC read with Section 6 of the POCSO Act 2012, and sentenced to undergo rigorous imprisonment for 20(twenty) years and to pay a fine of Rs. 1,000/-(Rupees One thousand) only with default stipulation.
FACTS OF THE CASE
3. The brief fact of the case is that on 28.11.2018 Smti Nirmala Sonar (PW-2) lodged a written FIR before the Officer In charge, Roing inter alia alleging therein that on 23.11.2018, when they all were in ginger garden for harvesting, her victim daughter aged about 11 years was alone in the house after retuned from school. The accused Shri Arjun Sonar, paternal uncle of the victim came to know that her said victim daughter was alone at home. So, on the pretext of taking tobacco and lime; the accused went their house, asked the victim to fetch tobacco and lime for him. While the victim was going inside, the accused followed her. He then caught hold of the victim, forced her to lay on the bed and committed rape on her. After commission of offence, the accused threatened the victim not to disclose the incident and left the place. After coming to know about the incident, they tried to settled the matter within the family members as the accused happened to be their relative. But since the accused was absconding, the above written FIR was lodged on 28.11.2018.
4. Basing on the above written FIR, a case was registered being Roing P.S. Case No. 55/2018 U/Ss. 376/506 IPC read with Sec. 12 of POCSO Act and investigated into.
5. During the course of investigation, the victim and all the relevant witnesses were examined. Victim was forwarded before the court of the Chief Judicial Magistrate who had recorded her statement under Section 164(5) Cr.P.C and obtained the medical examination report of the victim. The medical examination of the victim gave a positive report of sexual offence. The Investigating Officer also seized the age proof certificate of the victim from the school authority which shows that the victim was a minor child at the time of incident on 23.11.2018 being born on 14.09.2007. The accused was then arrested. And after completion of investigation, the IO laid charge-sheet against the accused for commission of offence U/Ss 376/506 IPC read with Section 12 of POCSO Act. And thereafter, a charge was framed against the accused for offence U/Ss 376 (2) (i)/506 read with sec. 6 of POCSO Act,2012 to which the accused pleaded not guilty and claim trial.
6. In order to establish their case, the prosecution side has examined altogether 7 (seven) witnesses. After completion of evidence of the prosecution witnesses, the accused was examined and his statement recorded under Section 313 of Cr.P.C where he denied commission of any offence. The accused did not produce any witnesses in his defense.
7. On conclusion of trial, the learned Special Judge, POSCO found the accused guilty of commission of the charged offences. Hence, convicted the accused for offences under Section 6 of the POCSO Act, 2012 and sentenced him to undergo rigorous imprisonment for 20(twenty) years and to pay a fine of Rs. 1,000/- (Rupees One thousand) only with default stipulation on 07.03.2022.
8. It is the said conviction and sentenced order dated 07.03.2022 which is under challenged in the instant criminal jail appeal amongst other on the grounds that there are some contradictory and improvement in the statements of the prosecution witnesses more particularly the victim and her mother (PW2). The vi
AI
The testimony of a minor victim in sexual assault cases can be sufficient for conviction if it is consistent and credible, and the severity of the crime justifies a stringent sentence under the POCSO....
The court established that consistent testimony from a minor, corroborated by medical evidence, is sufficient to uphold a conviction for sexual offences under IPC and POCSO Act.
A judgment must explicitly formulate points for determination and provide a reasoned analysis of all evidence, including defense testimony. Failure to address the defense case, provide a logical narr....
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
The court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.
The main legal point established is that an individual can be held liable for abetting an offence under the POCSO Act, 2012 if they intentionally aid or facilitate the commission of the offence.
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
Point of Law : Section 42 and Section 42A of POCSO Act, if accused is convicted under provisions of IPC as well under POCSO Act, higher punishment is required to be imposed.
The conviction under the POCSO Act requires substantial evidence beyond mere suspicion; failure to prove such evidence necessitates acquittal.
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