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2026 Supreme(Online)(Chh) 19338
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Aman Kumar Vishwakarma – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 1754 of 2024
Important Points
Subject
Criminal Law - Sexual Offences
Act Referred
Headnote
(B) Evidence of victim - Testimony of a child victim - Reliability - It is well settled that the testimony of a victim in cases of sexual offences is vital and unless there are compelling reasons, courts should not look for corroboration. The victim’s evidence, even if aged 7, is to be evaluated with sensitivity. (Paras 23, 27, 28)
Facts of the case:
An appeal was filed against the conviction and sentence for sexual assault on a 7-year-old minor. The prosecution case rested on the victim's testimony corroborated by the mother, medical examinations revealing injuries and ruptured hymen, and FSL reports finding semen/sperm on underwear. The trial court initially awarded rigorous imprisonment for life till natural death.
Findings of Court:
The court affirmed the conviction, noting that the age of the victim was proved via school records and birth certificates, and that medical evidence supported the occurrence of sexual assault. The court reduced the sentence from life imprisonment till natural death to 20 years of rigorous imprisonment, keeping in view the principle of proportionality and the specific rehabilitative goals of the law.
Issues: Whether the conviction for sexual assault is sustainable based on the victim’s testimony and whether the sentence of life imprisonment was disproportionate.
Ratio Decidendi: The testimony of a minor victim of sexual assault, when consistent and corroborated by medical evidence, is sufficient for conviction; however, sentencing should be calibrated to avoid excessive harshness while ensuring just punishment.
Result: Appeal partly allowed.
For the Appellants/Petitioners: Ms. Sareena Khan
For the Respondents: Mr. Priyank Rathi
| Table of Content |
|---|
| 1. case background, procedural history, and framing of charges. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. summary of rival arguments regarding sufficiency of evidence. (Para 9 , 10) |
| 3. evaluation of victim age and analysis of testimonial/medical evidence. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. principles regarding testimony of sexual assault victims and the threshold for conviction. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. sentencing principles focusing on proportionality and reformative justice. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
1. Learned counsel for the State submits that notice issued to the complainant has been served upon father of the victim on 17-06-2026.
2. The matter has been listed for hearing on I.A. No.01/2025, application for suspension of sentence and grant of bail. No one appeared on behalf of the complainant/victim to make their submission on I.A. No.01/2025.
3. Though the matter has been listed on motion hearing, however, with the consent of the parties the appeal has been heard finally. In view of the same, I.A. No.01/2025 is disposed of.
4. The present criminal appeal has been filed under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’) against the the impugned judgment of conviction and order of sentence dated 19-07-2024 passed by learned Additional Sessions Judge, IVth F.T.S.C. Durg, (C.G.) in Special Criminal Case (POCSO) No.32/2023 whereby the appellant has been convicted and sentenced in the following manner :-
| Conviction | Sentence |
|---|---|
| Under Section 6 of Protection of Children from Sexual Offences Act, 2012 | R.I. for life (till natural death) and fine of Rs. 5,000/-, in default of payment of fine additional R.I. for 01 year. |
| Under Section 376AB of the IPC | No separate sentence has been awarded. |
5. The prosecution case in brief is that, the mother of the victim, PW-4, lodged a written report to the police station Nandini Nagar, District- Durg on 15-02-2023 that at about 11:00 a.m. when she came back to her house from her work and went to the school of her daughter to bring her back, after seeing her, her daughter started crying. The teachers informed her that her daughter is continuously crying since the time when she came to school. When she asked from her daughter she informed pain on her private part and informed that her neighbour Aman Kumar Vishwakarma (appellant) has committed bad work with her. She took her daughter back to her house and saw the injury on her private part and then she took her to Nankatti Hospital where Doctor informed about sexual abuse with her daughter. She informed her family members and then lodged the report. The police registered the FIR Ex.-P/1 against the appellant for the offence under Section 376 of the IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). The victim was sent for her medial examination to Community Health Center Ahiwara, District Durg where she was medically examined by Doctor Priyanka Patale, PW-9 who gave her report Ex.-P/8. According to the MLC report, redness found present over vaginal region and the doctor opined that no definite opinion can be given and advised for gynecologist opinion and referred to District Hospital Durg for further management and needful. Two vaginal slides were prepared, sealed and handed over to police for its chemical examination. Pursuant to the reference the victim referred to District Hospital Durg where she was admitted on 15-02-2023 and medically examined by Doctor Smita who gave her MLC report Ex.-P/10 and opined that the girl can be assaulted as there is old hymen ruptured and slight redness present over labia minora. She also advised for chemical examination of slides for confirmation and advised X-ray for age determination. Spot map Ex.-P/3 was prepared by police and Ex.-P/4 was prepared by Patwari. With respect to the age and date of birth of the victim the birth certi
