IN THE HIGH COURT OF PUNJAB AND HARYANA
LISA GILL, J.
DHARAMVIR – Appellant
Versus
STATE OF PUNJAB – Respondent
CRA-S No. 3310-SB of 2013
Decided on : 27-03-2018
POCSO - Conviction under sections 6 and 10 - Protection of Children from Sexual Offences Act, 2012 - [6, 10] - The court discussed the testimonies of the victims, the medical evidence, and the credibility of the complainant. It highlighted the need for corroboration of the prosecution version and the scrutiny of evidence, ultimately leading to the benefit of doubt being given to the appellant.
Fact of the Case:
The appellant was convicted under sections 6 and 10 of the POCSO Act based on the complaint by the mother of the victims, alleging sexual offenses by the appellant against her daughters. The victims' statements and medical examination were key pieces of evidence.
Finding of the Court:
The court found substantial doubt cast on the prosecution version due to inconsistencies in the testimonies, lack of corroboration, and the complainant's credibility being rendered suspect. Consequently, the benefit of doubt was given to the appellant.
Issues: The issues revolved around the reliability of the victims' testimonies, the credibility of the complainant, and the need for corroboration of the prosecution version.
Ratio Decidendi: The court emphasized the need for close scrutiny of evidence, especially in cases involving child witnesses, and the requirement for corroboration of the prosecution version. It highlighted the principle of giving the benefit of doubt to the accused in the presence of substantial doubt.
Final Decision: The appeal was accepted, and the appellant was acquitted of the charges. The impugned judgment of conviction and order of sentence were set aside, and the appellant was ordered to be released forthwith.
LISA GILL, J.
1. Appellant has been convicted for the offences punishable under sections 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') by the learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Rupnagar, vide impugned judgment dated 09.07.2013 and by a separate order of even dated i.e. 09.07.2013 he has been sentenced as under:-
Offence u/s
Sentence
6 POCSO Act
Rigorous imprisonment for 10 years; besides pay a fine of Rs. 5,000/- and in default thereof to further undergo SI for six months.
10 POCSO Act
Rigorous imprisonment for 5 years; besides pay a fine of Rs. 2500/- and in default thereof to further undergo SI for three months.
2. Aggrieved therefrom, the present appeal has been filed by the appellant.
3. Brief facts necessary for the adjudication of this matter are that FIR No. 17 dated 03.02.2013 (Ex.PW5/B), was registered on the statement of the complainant-PW-1 (mother of the prosecutrix). As per the complainant's statement Ex.PW1/A, it is revealed that her first husband died about four years ago. She had two daughters from her first marriage. The complainant solemnized second marriage with the appellant about three years prior to the occurrence and was presently residing with the appellant alongwith her two daughters aged 8 years and 7 years. It is stated that the complainant's husband had been harassing her daughters physically for the last one year and in her absence he even tried to commit rape upon them. It is further stated that her daughters revealed that the appellant used to threaten them at that time. He was committing indecent acts with the children. It was thus prayed that action be taken against the present appellant.
4. Statement of the victims under Section 164 Cr.P.C., 1973 could be recorded on 05.02.2013, as it was opined by the learned Judicial Magistrate Ist Class, Anandpur Sahib that they are competent to suffer a statement due to their tender age. PW-5-ASI Raghbir Singh, the Investigating Officer, revealed that after recording of the statement of the complainant, rough site plan Ex.PW5/C was prepared after proceeding to the spot. Appellant was arrested. Statements of the witnesses were recorded. Medical examination of the victims was conducted on 04.02.2013 by Dr.Jatinder Kaur, Medical Officer, BBMB, Hospital, Nangal. No injury - external or internal was detected on the person of any of the two victims. However, it was opined that possibility of molestation and sexual assault cannot be ruled out. Final report under section 173 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was presented against the present appellant after completion of investigation.
5. The case was committed to the Court of Sessions, Rupnagar, on 13.02.2013. Charge under Sections 376, 511, 354 IPC was framed against the appellant on 20.02.2013, who pleaded guilty and claimed trial.
6. Amended charge was framed on 08.07.2013 under Section 6 of the POCSO Act read with Section 376 IPC and Section 10 of the POCSO Act read with Section 354 IPC against the appellant, who pleaded guilty and claimed trial.
7. The prosecution examined as many as six witnesses to prove its case.
8. The accused-appellant in his statement under Section 313 Cr.P.C., 1973 denied all the incriminating evidence put to him while claiming innocence and false implication. The appellant specifically stated that he was innocent. A false case had been planted upon him at the instance of the complainant, his wife, because she wanted to live with one Sunny and wanted to marry him. It is stated that the appellant opposed the same and due to this reason, he was falsely implicated in the present matter. No evidence was led in defence.
9. Learned trial Court on considering the facts and circumstances of the case as well as the evidence on recor
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