Conviction under POCSO Act and IPC Sections Affirms Child's Testimony as Sterling Evidence
In a landmark judgment, the Chhattisgarh High Court has upheld the conviction and life imprisonment sentence of Vishwanath Soni for grievous sexual offences against his stepdaughter, a minor. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, dismissed the appeal against the trial court's decision, affirming that the victim's testimony was consistent, credible, and did not require corroboration.
The appellant, Vishwanath Soni, was sentenced to life imprisonment under Sections 5(l), 5(m), and 5(n) of the Protection of Children from Sexual Offences Act (POCSO Act) and Section 377 of the Indian Penal Code (IPC). The charges stem from repeated sexual abuse, rape, and physical assault on the minor victim, beginning in 2014 and continuing until the matter was reported in December 2015.
The High Court meticulously examined the victim's testimony, corroborated by her statements under Section 164 CrPC, and the supporting evidence provided by witnesses. The judges emphasized that the testimony of child victims in sexual offence cases holds a high degree of reliability, provided it is consistent and trustworthy. The court noted that the victim's account was detailed and unwavering, despite extensive cross-examination, thus qualifying her as a "sterling witness."
The judgment also highlighted the role of Child Line personnel, who facilitated the victim's disclosure of abuse, reinforcing the credibility of her testimony. The court found no evidence to suggest any motive for the victim to falsely implicate the accused, who was in a position of trust as her stepfather.
In dismissing the appeal, the High Court underscored the heinous nature of the crimes and the importance of stringent punishment to convey a message of zero tolerance for sexual offences against minors. The appellant was ordered to surrender within four weeks to serve the remainder of his sentence, failing which he would be taken into custody.
This judgment reaffirms the legal principles that prioritize the protection and welfare of children, reflecting the judiciary's commitment to upholding justice in cases of sexual abuse.
Bottom line:-
Protection of Children from Sexual Offences Act (POCSO Act) - Testimony of child victims of sexual offences holds a higher degree of reliability and does not require corroboration, provided it inspires confidence and remains consistent throughout.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5(l)/6, 5(m)/6, 5(n)/6; Indian Penal Code, 1860 Section 377; Indian Evidence Act, 1872 Section 118; Code of Criminal Procedure, 1973 Section 164, Section 313
Vishwanath Soni v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2894007
