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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ritu Bahri, C.J., Alok Kumar Verma, J.
Vijay Singh – Appellant
Versus
State of Uttarakhand – Respondent
Criminal Appeal No. 389 of 2015
Decided On : 03-04-2024
Criminal - Sexual Offences - IPC Sections 376(2), 363, 365, 366; POCSO Act Sections 5, 6 - The court emphasized the need for stringent protection of minors against sexual exploitation, affirming the conviction based on substantial evidence and the gravity of the offences committed.
Fact of the Case:
The appellant was convicted for kidnapping and raping a 13-year-old girl, who was lured by the accused under the pretext of providing a lift to school. The victim was found in the accused's custody after being reported missing.
Finding of the Court:
The court found that the prosecution established the guilt of the accused beyond reasonable doubt through the victim's testimony and corroborating evidence, despite the absence of physical injuries.
Issues: Whether the prosecution proved the appellant's guilt beyond reasonable doubt and if the punishment imposed was justified.
Ratio Decidendi: The court held that the evidence presented, particularly the victim's consistent testimony, was sufficient to uphold the conviction under the relevant sections of IPC and POCSO Act.
Result: The appeal was dismissed, affirming the conviction and sentence of the appellant.
JUDGMENT :
Ritu Bahri, C.J.
1. The appellant has come up in appeal against the judgement and order dated 30.09.2015/03.10.2015, passed by the learned F.T.C. / Additional Sessions Judge/Special Judge, POCSO, Rudrapur, District – Udham Singh Nagar, Uttarakhand in Sessions Trial No. 59 of 2015, whereby he was convicted for the offences punishable under Sections 376(2), 363, 365 and 366 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and was sentenced to undergo rigorous imprisonment for life which shall mean imprisonment for the remainder of natural life with fine of Rs. 50,000/- for the offence punishable under Section 376(2) of I.P.C. He was sentenced to undergo rigorous imprisonment for period of three years with fine of Rs. 10,000/- for the offence punishable under Section 363 of the I.P.C. He was also sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 10,000/- for the offence punishable under Section 365 of the I.P.C. and was further sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 20,000/- for the offence punishable under 366 of the I.P.C.
2. The prosecution case, in brief, is that on 24th February, 2015, a written complaint was given by the victim’s father to Police Station – Transit Camp, Rudrapur, wherein it was stated that on 23.02.2015, at around 08:00 am, the victim had gone to her school and did not come back. The complainant and his family members kept waiting for her whole the day, but she did not return. The complainant searched her at all the possible places, including his relatives. The victim was 13 years of age and was wearing school uniform white and black in colour. On the basis of the said complaint, a missing case was registered. Thereafter, on 12th March, 2015, at 01:00 pm, the police arrested accused-Vijay Singh from Rudrapur Roadways Station, in whose custody the victim was recovered. Thereafter, the case was investigated. During the investigation, it was found that the minor victim was raped by the accused. Subsequently, Sections 365, 363, 366, 376 of the IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO’ Act) were added against accused-Vijay Singh.
3. After the investigation, a Charge Sheet was filed against accused-Vijay Singh under Sections 365, 363, 366, 376 of IPC and under Section 3/4 of the POCSO Act. During the trial, in the charge, Sections 3 and 4 of the POCSO Act were replaced by Sections 5 and 6 of the POCSO Act.
4. Thereafter, the following documentary evidence were adduced by the prosecution to prove the case against the accused:
| i. | Exhibit A-1 Statement of the victim under Section 164 CrPC |
| ii. | Exhibit A-2 Copy of Tehrir Report |
| iii. | Exhibit A-3 Pathology Report |
| iv. | Exhibit A-4 Chick FIR |
| v. | Exhibit A-5 Copy of Disclosure in GD |
| vi. | Exhibit A-6 Copy of the Admit Card |
| vii. | Exhibit A-7 Copy of the Admission Register |
| viii. | Exhibit A-8 Copy of the Transfer Certificate |
| ix. | Exhibit A-9 Medical Report |
| x. | Exhibit A-10 Supplementary Report |
| xi. | Exhibit A-11 Map View |
| xii. | Exhibit A-12 Arrest Memo |
| xiii. | Exhibit A-13 Copy of the GD |
| xiv. | Exhibit A-14 Charge-Sheet. |
5. The following witnesses were examined on behalf of the prosecution for the purpose of proving the charges:
| i. | P.W. 1 Victim |
| ii. | P.W. 2 Father of the victim |
| iii. | P.W. 3 Dr. Ajay Mohan Sharma (Medical officer who examined the slide of the accused) |
| iv. | P.W. 4 Const. Balam Singh (Scribe of FIR) |
| v. | P.W. 5 Pradeep Sah, Principal of the victim’s school. |
| vi. | P.W. 6 Dr. Yuki Bhutia (Medical officer of the Victim) |
| vii. | P.W. 7 SI Siraj Ahmad (Investigating officer) |
6. After the prosecution concluded its evidence, the statement of accused-Vijay
The judgment underscores the judiciary's role in protecting minors from sexual exploitation, emphasizing that substantial evidence is crucial for conviction under the POCSO Act.
The judgment reinforces the legal principle that the exploitation of a position of trust, particularly by a teacher towards a minor, constitutes a serious offense under both the IPC and the POCSO Act....
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
The court affirmed that intoxication negates consent in cases of sexual assault against minors, emphasizing the importance of corroborative evidence in establishing the accused's guilt.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
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.
The main legal point established is the application of the POCSO Act to convict the appellant for aggravated penetrative sexual assault on a minor, considering the victim's testimony, medical evidenc....
The victim's testimony in sexual assault cases stands almost on par with that of an injured witness and is highly reliable, even without medical corroboration.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
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