Sole Testimony of Victims Credible Enough for Conviction in Landmark Judgment
In a significant ruling, the Chhattisgarh High Court has upheld the conviction of Pritam Gir, also known as Ghislu, in a case involving the sexual assault of two minors. The judgment, delivered by a bench comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma, affirmed the trial court's decision to convict the accused based on the compelling and credible sole testimony of the victims, aged nine and seven at the time of the incident.
The case revolves around the events of December 30, 2018, when the two victims were lured by the accused under the pretext of looking for a cow and subsequently assaulted near a village pond. The High Court, in its detailed judgment, highlighted the importance of the victims' testimony, which was supported by medical and forensic evidence. The court noted that the testimony of the victims was trustworthy, unblemished, and of sterling quality, thereby not necessitating additional corroboration for conviction.
The appellant, Pritam Gir, had been charged under multiple sections of the Indian Penal Code, including Sections 363 (kidnapping), 366 (abduction with intent), and the Protection of Children from Sexual Offences (POCSO) Act, 2012. The trial court had sentenced him to rigorous imprisonment, including a life sentence under Section 5(M)/6 of the POCSO Act.
The defense had argued that the trial court failed to properly appreciate the evidence and questioned the credibility of the victims' statements. However, the High Court found no merit in these arguments, emphasizing the clear and consistent testimony of the victims, further substantiated by forensic evidence that confirmed the presence of human sperm on the victims' clothing.
This judgment underscores the judiciary's commitment to upholding justice in cases of sexual violence against minors and reinforces the principle that credible testimony from victims, when found reliable, can suffice for conviction.
Bottom Line:
Conviction based on sole testimony of victim in sexual assault cases can be sustained if the testimony is found trustworthy, unblemished, credible, and of sterling quality.
Statutory provision(s): Indian Penal Code Sections 363, 366, 375, Protection of Children from Sexual Offences (POCSO) Act, 2012 Section 5(M)/6, Code of Criminal Procedure Section 374(2).
Pritam Gir @ Ghislu v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2833368
