Bombay High Court Upholds Conviction in POCSO Case

Court Affirms Three-Year Imprisonment for Sexual Assault on Minor, Citing Victim's Credible Testimony

In a significant ruling, the Bombay High Court (Nagpur Bench) has upheld the conviction of Sheikh Rafique Sk. Gulab under Sections 354 and 354A of the Indian Penal Code (IPC) and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act. The appellant, found guilty of sexually assaulting a 13-year-old girl, was sentenced to rigorous imprisonment for three years.

The case stems from incidents that occurred on October 23 and 24, 2015, when the appellant allegedly visited the victim's home under the pretext of asking for water and made inappropriate propositions, offering money in exchange for sexual favors. The victim's testimony, deemed consistent and trustworthy, was pivotal in the court's decision, as the court found it sufficient for conviction without the need for independent corroboration.

The appellant's defense argued that the prosecution failed to establish sexual intent and pointed to discrepancies in the victim's statements. However, the court dismissed these contentions, noting that minor inconsistencies did not undermine the core of the prosecution's case. The court also emphasized that the testimony of a child victim, if credible, can singularly substantiate a conviction under the POCSO Act.

The trial court had invoked Section 42 of the POCSO Act, which mandates punishment under the statute prescribing the greater penalty when an act constitutes an offense under both the IPC and the POCSO Act. Consequently, the appellant was sentenced under Section 8 of the POCSO Act, which mandates a minimum sentence of three years' imprisonment.

The High Court, presided over by Justice Nivedita P. Mehta, concluded that the prosecution had proven its case beyond a reasonable doubt, affirming the trial court's judgment. The court also denied the appellant the benefit of probation, citing the gravity of the offense and the need to balance societal interests with those of the accused.

The decision underscores the judiciary's commitment to upholding stringent measures against sexual offenses involving minors and reinforces the legal principle that the credible testimony of a child victim is a powerful tool for securing justice.

Bottom Line:

POCSO Act - Conviction under Sections 354 and 354A of IPC and Section 8 of POCSO Act upheld - Victim's testimony found cogent, consistent, and trustworthy - Section 42 of POCSO Act invoked to impose punishment under statute prescribing greater punishment.

Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 7, 8, 42; Indian Penal Code, 1860 Sections 354, 354A

Sheikh Rafique Sk. Gulab v. State of Maharashtra, (Bombay)(Nagpur Bench) : Law Finder Doc Id # 2817709