Conviction based on a credible dying declaration; Court dismisses appeal challenging the verdict.
In a significant judgment, the Madurai Bench of the Madras High Court upheld the conviction and life imprisonment sentence of M. Vigneshwaran, the appellant and sole accused in a case involving penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The bench, comprising Justices N. Anand Venkatesh and K.K. Ramakrishnan, dismissed the appeal against the conviction and sentence handed down by the Special Court for Exclusive Trial of Cases under the POCSO Act in Srivilliputhur.
The prosecution's case rested heavily on the dying declaration of the victim, who succumbed to severe burn injuries after attempting self-immolation. The victim, aged 17 at the time, had allegedly developed a friendship with the accused through mobile communication, which eventually led to a sexual assault. The accused was reported to have recorded the act and later disseminated the objectionable material. The victim's subsequent intimidation and harassment by the accused drove her to take the extreme step of ending her life.
The High Court meticulously examined the evidentiary value of the dying declaration recorded by a Judicial Magistrate, which formed the cornerstone of the conviction. The court found the dying declaration to be coherent, voluntary, and credible, despite the defense's contention that the victim's extensive burn injuries rendered her statement unreliable.
Dismissing the appellant's arguments, the court referenced a plethora of precedents affirming the admissibility and reliability of dying declarations, even in cases involving severe burn injuries. The bench noted that the Judicial Magistrate had ensured the victim's mental fitness prior to recording her statement, supported by a medical opinion, thus enhancing the credibility of the dying declaration.
In addition to the POCSO charges, the accused faced charges under Section 363 of the Indian Penal Code, for which he received a sentence of rigorous imprisonment and a fine. However, he was acquitted of charges under the Information Technology Act due to procedural lapses regarding electronic evidence certification.
The court also addressed the issue of electronic evidence, noting the trial court's error in discarding electronic evidence for lack of a Section 65B certificate. The High Court clarified that when the original electronic device is produced as primary evidence, the requirement for such a certificate may not be mandatory.
In terms of sentencing, the High Court found the punishment of life imprisonment justified, given the grave nature of the offenses, which included sexual assault, intimidation, and abetment to suicide. The court observed that the absence of any mitigating factors warranted the imposition of the maximum sentence permissible under the amended POCSO Act.
This judgment reaffirms the judiciary's commitment to upholding justice in cases of sexual offenses against minors, ensuring that the severity of the punishment matches the gravity of the crime.
Bottom line:-
Protection of Children from Sexual Offences Act (POCSO Act) - Conviction based on dying declaration - Dying declaration recorded by Judicial Magistrate found credible and admissible even in absence of separate medical certification, if Magistrate satisfies himself of victim's mental fitness - Electronic evidence admissible without Section 65B certificate where original device is produced as primary evidence.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5 and 6; Indian Penal Code Section 363; Evidence Act, 1872 Section 32(1); Information Technology Act, 2000 Sections 66E and 67B
M. Vigneshwaran v. State, (Madras)(DB)(Madurai Bench) : Law Finder Doc id # 2911807
