Chhattisgarh High Court Upholds Conviction in POCSO Case
Court Dismisses Appeal by Shani Kumar Chauhan, Affirming Trial Court's Judgment on Sexual Offences Against Minor
In a significant ruling, the Chhattisgarh High Court has upheld the conviction of Shani Kumar Chauhan, dismissing his appeal against the trial court's judgment in a case involving serious charges under the Protection of Children from Sexual Offences (POCSO) Act. The Division Bench comprising Chief Justice Shri Ramesh Sinha and Justice Bibhu Datta Guru confirmed the trial court's decision, emphasizing the credibility and consistency of the victim's testimony supported by medical and forensic evidence.
The case revolves around the abduction and sexual assault of an 11-year-old girl, who was taken from her home and held captive at a brick kiln in Bagoda, where the appellant subjected her to repeated sexual assaults. The victim's statement, regarded as credible and consistent throughout the trial, was deemed sufficient for conviction without further corroboration. The court noted that the victim's testimony was supported by medical evidence indicating signs of forced sexual intercourse and forensic reports confirming the presence of human semen.
The appellant, Shani Kumar Chauhan, was initially convicted by the Special Judge (POCSO Act) in Saraipali, District Mahasmund, and sentenced to various terms under Sections 363, 366-A, 376(3), and 376(2)(n) of the Indian Penal Code, along with Section 6 of the POCSO Act. Despite arguments from the defense citing inconsistencies in the victim's account and challenges to the validity of her birth certificate, the High Court found the evidence presented by the prosecution compelling and reliable.
The court addressed the validity of the birth certificate, issued six years post-birth but before the incident, as strong proof of the victim's age, reinforcing her status as a minor. The High Court emphasized that in POCSO cases, the credibility of the victim's testimony is paramount, especially when corroborated by other evidentiary support.
The judgment highlighted the legal precedent that a victim's solitary testimony can be sufficient for conviction if it inspires confidence and is deemed trustworthy. The ruling is consistent with past Supreme Court judgments underscoring the weight of a victim's testimony in sexual offence cases when supported by corroborative evidence.
With this decision, the Chhattisgarh High Court has reaffirmed the principles guiding convictions in sexual offence cases, prioritizing victim protection and the integrity of their testimony. The appellant has been informed of his right to appeal the decision before the Supreme Court, with support available from legal services committees.
Bottom Line:
Conviction based on the solitary testimony of the prosecutrix is valid if her evidence inspires confidence, remains consistent, and is corroborated by medical and forensic evidence.
Statutory provision(s): Indian Penal Code, 1860 Sections 363, 366-A, 376(3), 376(2)(n); Protection of Children from Sexual Offences (POCSO) Act, 2012 Sections 6, 42; Evidence Act, 1872 Section 118; Registration of Births and Deaths Act, 1969 Section 13(3)
Shani Kumar Chauhan v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2792443
