Court dismisses appeal, affirms seven-year rigorous imprisonment for Bablu Verma in a case of sexual assault on a minor under POCSO and IPC provisions.
In a significant ruling, the Orissa High Court has upheld the conviction of Bablu Verma, dismissing his appeal against a seven-year rigorous imprisonment sentence for sexually assaulting a minor girl. The conviction was originally handed down by the ADJ-cum-Special Court under the POCSO Act, Cuttack. The judgment, delivered by Justice Sanjeeb K. Panigrahi, maintained the rigorous imprisonment and fine imposed on Verma for offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
The case arose from an incident on July 9, 2023, where Verma, a grinder mechanic, was accused of entering a house in Cuttack and committing acts of sexual assault on a minor girl under the age of 12. The High Court found that the prosecution had successfully proved offences under IPC Sections 452, 354, and 354-A, as well as Sections 10 and 12 of the POCSO Act. The court noted that while allegations of penetrative sexual assault were not corroborated by medical evidence, the consistent testimony of the victim regarding sexual assault was credible and reliable.
The defense had argued that the conviction was based on contradictory evidence and that the trial was unfairly conducted. However, the High Court rejected these contentions, finding that the trial court had properly appreciated the evidence. The court noted that minor discrepancies in the testimony of a child witness did not undermine the core allegations of sexual assault.
The judgment emphasized that the age of the victim was corroborated through documentary evidence and that there was no mistaken identity of the accused, as he was known to the family. The court further held that the unauthorized entry into the room with intent to commit sexual assault constituted house-trespass under Section 452 IPC.
The High Court also addressed the sentencing, finding the punishment proportionate to the nature of the crime and the age of the victim. The appellant's request for leniency was dismissed, and the conviction and sentence were affirmed, with directions for concurrent running of sentences and compensation to the victim.
Bottom line:-
Conviction under Sections 452/354/354-A IPC and Sections 10 and 12 of the POCSO Act upheld. Allegations of penetrative sexual assault rejected due to lack of corroboration, but consistent testimony of the victim regarding sexual assault accepted.
Statutory provision(s): IPC Sections 452, 354, 354-A, POCSO Act Sections 10, 12, CrPC Sections 164, 428, 357, 357A
Bablu Verma v. State of Odisha, (Orissa) : Law Finder Doc id # 2912604
