Minor discrepancies and absence of visible injuries do not invalidate the conviction, emphasizes Justice R.M. Joshi.
In a significant ruling, the Bombay High Court has upheld the conviction of Pradip Prakash Baikar under the Protection of Children from Sexual Offences (POCSO) Act, affirming the trial court's decision in Special Case No.16 of 2014. The judgment, delivered by Justice R.M. Joshi, emphasized the credibility of the victim’s testimony, supported by independent witness accounts and medical evidence, despite minor discrepancies and the absence of visible injuries.
The case originated from a complaint lodged by the victim’s mother at the Ghatkopar Police Station, detailing an incident where the appellant allegedly committed sexual assault on the minor. The trial court had convicted Baikar under Sections 376(2)(i) and 506 of the Indian Penal Code, alongside Sections 6 and 10 of the POCSO Act, sentencing him to a maximum of 10 years of imprisonment.
Justice Joshi, while delivering the judgment, highlighted that the victim's account was consistent with prior statements and corroborated by an independent witness, identified as PW-5, who saw the victim with the accused on the day of the incident. The court also noted that the medical examination, although not revealing visible injuries, indicated redness on the victim's private parts, supporting the occurrence of the assault.
The appellant’s counsel argued for acquittal, citing inconsistencies in the victim’s statements and the lack of medical evidence of injuries. However, the prosecution, supported by the Additional Public Prosecutor, argued that the minor discrepancies in the victim's testimony do not undermine its credibility. The court agreed, stating that in cases under the POCSO Act, due weight must be given to the evidence of the child victim.
The judgment further noted that the presumption under Section 29 of the POCSO Act, which places the burden of proof on the accused to rebut the presumption of guilt, was not successfully challenged by Baikar. The court found no substantial evidence or cross-examination by the defense to disprove the charges.
With the appellant having failed to provide any evidence of false implication, the court dismissed the appeal, concluding that the trial court's judgment was well-founded. The court also dismissed the appellant's request for sentence reduction, stating that the law mandates a minimum imprisonment of 10 years for the proven offenses.
This ruling underscores the judiciary's commitment to upholding the integrity of testimonies in sensitive cases involving minors, reaffirming the legal protections extended to child victims under the POCSO Act.
Bottom Line:
Conviction under POCSO Act upheld based on victim's testimony, corroborated by independent witness and medical evidence, despite minor discrepancies and absence of visible injuries.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 6, 10, 29; Indian Penal Code, 1860 Sections 376(2)(i), 506.
Pradip Prakash Baikar v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2858665
