Court Relies on Victim's Testimony and Documentary Evidence of Age to Dismiss Appeal
In a significant judgment, the Bombay High Court has upheld the life imprisonment sentence of Mohammad Shahjad Amir Hasan Shaikh, convicted of raping his minor daughter. The Division Bench comprising Justices Manish Pitale and Shreeram V. Shirsat dismissed the appeal filed against the conviction and sentence handed down by the Special Court for Protection of Children from Sexual Offences Act in Greater Bombay. The appellant, sentenced to life imprisonment for the remainder of his natural life, faced charges under Section 376(2)(f) of the Indian Penal Code (IPC) and Sections 6, 9(n), and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The case against Shaikh was initiated based on the victim's statement to the police on July 27, 2018, detailing inappropriate conduct by her father since she was 10 years old. The final incident of abuse reportedly occurred shortly before her statement, prompting her to seek help after a school program encouraged her to speak out.
The prosecution's case was supported by the victim's testimony, school records confirming her minor status, and statements from nine witnesses, including medical professionals and school staff. The court found the school records, corroborated by the Principal's testimony, to be credible public documents under Section 35 of the Evidence Act, thus dismissing the defense's reliance on ossification tests and claims of false implication.
The appellant's defense argued that the victim's testimony was unreliable and suggested a motive of false implication due to educational disagreements. However, the court emphasized the sufficiency of the victim's steadfast testimony and rejected the need for corroborative medical evidence, asserting the credibility of her account.
In addressing sentencing, the court underscored the statutory mandate of life imprisonment for such offenses, particularly given the incestuous nature of the crime. The judgment aligns with the legal framework that prioritizes victim protection and imposes stringent penalties for breaches of familial trust.
This ruling underscores the judiciary's commitment to upholding the rights and dignity of victims of sexual violence, particularly minors, and sends a strong message regarding the severity with which such cases are treated under the law.
Bottom Line:
Conviction and sentence for life imprisonment upheld for father who raped his minor daughter, relying on credible documentary evidence of victim's age and her testimony.
Statutory provision(s): Indian Penal Code, 1860 Section 376(2)(f), Protection of Children from Sexual Offences Act, 2012 Sections 6, 9(n), 10, Evidence Act, 1872 Section 35, Code of Criminal Procedure, 1973 Section 313.
