Acquittal of Accused Overturned; Rigorous Imprisonment and Fines Imposed on Public Servants for Failing to Prevent Offence
The Chhattisgarh High Court has overturned the acquittal of Joseph Dhanna Swami, previously cleared of charges under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Indian Penal Code (IPC) for aggravated penetrative sexual assault on a minor. The court has sentenced him to life imprisonment, marking a pivotal decision that underscores the judiciary's stand against sexual offences on minors.
The case, State of Chhattisgarh v. Philomina Kerketta and others, saw the High Court bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal re-evaluate the evidence presented in the trial court. The trial court had earlier acquitted Swami and two co-accused, Philomina Kerketta and Kismariya, citing lack of evidence and inconsistencies in witness testimonies.
The High Court, however, found the trial court's judgment manifestly erroneous, noting significant misappreciation of evidence that led to a miscarriage of justice. The victim's testimony, corroborated by medical and forensic evidence, was pivotal in the court's decision to convict Swami under Section 6 of the POCSO Act and Section 376(2) of the IPC. The court emphasized that the sole testimony of a credible victim is sufficient for conviction, especially when supported by medical and scientific evidence.
The court also convicted Philomina Kerketta and Kismariya, public servants at the time, under Section 119 of the IPC for failing to prevent the commission of the offence. They were sentenced to seven years of rigorous imprisonment and fined Rs. 5,000 each. The court found that their omission was a conscious and deliberate act that facilitated the crime.
The High Court's judgment sends a strong message about the seriousness with which the judiciary views sexual offences against minors, stressing the need for stringent action and accountability. This decision also highlights the responsibility of public servants to act proactively to prevent such crimes and the legal repercussions of failing to do so.
The accused have been directed to surrender to the trial court within two weeks to serve their sentences, failing which they will be taken into custody.
Bottom Line:
Acquittal overturned in a case under POCSO Act and IPC; rigorous imprisonment awarded to the accused for aggravated sexual assault on a minor victim.
Statutory provision(s): Section 378 of CrPC, Section 6 of the POCSO Act, Section 376(2) IPC, Section 119 IPC
State of Chhattisgarh v. Philomina Kerketta, (Chhattisgarh)(DB) : Law Finder Doc id # 2857799
