# Pocso Act Archives - Prime Legal

15 Mar

The Kerala High Court upholds the Conviction of Father under the POCSO Act for Sexually Assaulting his 9 year old Daughter

Blog # Pocso Act, #Daughter, #Father, #kerala hc, #life imprisonment, #Sexual Assault, #Special Court, #sterling witness

Case title – Stephen VS State of Kerala

Case no. – CRL.A No. 138 OF 2017

Decision on – March 05, 2024

Quoram – Justice P.B. Suresh Kumar & Justice Johnson John

Facts of the case

The appellant in the instant case is none other than the father of the victim. The accusation against the accused was that he penetrated his penis into the mouth of the victim who was aged 9 years then and threatened her of death, if she discloses the same to anyone.

The Special Court took cognizance of the matter and observed that when the accused was questioned on the incriminating evidence he denied the same and maintained that he has been falsely implicated in the case, with a view to avoid him at the instance of his wife, who maintains an illicit relationship with another. The Court did not find a case fit for acquittal and when called upon for evidence, the accused failed to adduce the same. Hence, the Court convicted and sentenced him to imprisonment and to pay fine for the offences punishable under Section 5(n) read with Section 6 and Section 9(n) read with Section 10 of the POCSO Act, 2012 and Section 506 Part 2 of the IPC.

Submissions on behalf of the Appellant

The Learned Counsel for the accused submitted that the there is no evidence in the case to prove the alleged act of penetrative sexual assault except the evidence tendered by PW2 and further contended that the same was not trustworthy.

He contended that even if the arguendo is accepted the sentence imposed on the accused is grossly disproportionate to the gravity of the offence alleged and pleaded the Court to rectify the same.

Issue

Whether the conviction of the accused and the sentence imposed on him are sustainable in law?

Court’s Analysis and Judgement

The Court examining the statements given by PW1(mother of the victim) and PW2(victim) observed that both of them stood by their statements and there were no instances to doubt the veracity of evidence tendered by them.

The Court noted that the evidence of the victim was the only thing on record to determine the case and it is a settled law that the evidence of the victim of a sexual assault can be the sole basis of a conviction. However, relying on the decision in Rai Sandeep v. State (NCT of Delhi) the Court pointed out that in order to base a conviction solely on the evidence of the rape victim, such evidence shall be of a sterling quality.

The Court observed that the evidence tendered by the victim in the case satisfies the requirement of a sterling witness and therefore, affirmed the decision of the Special Court. The Court also upheld the charges framed against the accused and the punishment imposed on him by the Special Court.

The Kerala High Court, thereby, rejected the appeal of an accused and convicted him under POCSO Act for committing aggravated penetrative sexual assault on his nine-year-old daughter.

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Judgement Reviewed by – Keerthi K

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16 Aug

[POCSO Act] The absence of injuries to a victim’s private parts does not rule out penetrative sexual assault, according to the Delhi High Court.

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Blog # Pocso Act, #CPC, #delhi, #delhicourt, #delhihighcourt, #Sexual Assault

Title: Ranjeet Kumar Yadav v. State of NCT of Delhi

Decided on: 14th August, 2023

+ CRL.A. 50/2022

CORAM: HON’BLE MR. JUSTICE AMIT BANSAL

Introduction

The Delhi High Court recently delivered a significant judgment regarding the interpretation of the Protection of Children from Sexual Offences (POCSO) Act. The case involved the conviction of an appellant for sexual offenses against a young victim. The central issue revolved around the absence of injuries on the victim’s private parts and its implications on the nature of the assault.

Facts

The appellant was convicted under Section 6 of the POCSO Act, along with sections 363 and 342 of the Indian Penal Code (IPC), for sexual offenses against a four-and-a-half-year-old victim. The defense argued that there were contradictions in the victim’s statements and that the prosecution’s case rested solely on the victim’s testimony, lacking sufficient corroboration. They contended that the absence of certain injuries suggested a lesser offense of “touching” rather than penetration under the POCSO Act.

Analysis and Held

Justice Amit Bansal, upholding the conviction, clarified that the absence of injuries on the victim’s private parts cannot automatically negate the possibility of a penetrative sexual assault under the POCSO Act. He emphasized that injuries are not necessary in every case of sexual assault. The Court referred to previous judgments and established that the mere lack of injuries should not undermine the credibility of the victim’s testimony.

The Court addressed the alleged inconsistencies in the victim’s statements, noting that minor contradictions, particularly considering the young age of the victim, do not render her testimony unreliable. The Court highlighted the statutory presumption under Section 29 of the POCSO Act, which places the onus on the accused to rebut the presumption by leading evidence or discrediting the prosecution’s case.

In conclusion, the Delhi High Court held that the absence of injuries does not automatically disprove the occurrence of a penetrative sexual assault under the POCSO Act. The Court underscored the importance of evaluating the victim’s testimony in its entirety and considering the overall context of the case. The conviction of the appellant was upheld, and the appeal was dismissed.

Written by- Ankit Kaushik

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23 Jun

Medically terminate the pregnancy of 14 years girl Orders Madras High Court.

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Blog, blog # Medical Termination of Pregnancy, # Pocso Act

P.Jayalakshmi … Petitioner
Vs.
Government Medical College Hospital Gandhi Road, Krishnagiri and Anrs. … Respondents

DATED: 21.06.2023

Coram: THE HONOURABLE MR. JUSTICE M. DHANDAPANI

Citation: W.P.No.18473 of 2023

Introduction:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to medically terminate the pregnancy of the petitioner’s daughter in accordance with Section 5 of the Medical Termination of Pregnancy Act, 1971 expeditiously.

Facts:.
The petitioner and her husband are daily wage labourers and they have three children. One of the daughter of the petitioner namely Buvaneshwari, who is about 14 years old had sexual intercourse with one Murugan on the promise of marriage. Suspecting that the petitioner’s daughter might be pregnant, she took her daughter to the 1^st respondent hospital, which confirmed that her daughter is pregnant. Subsequently, the petitioner informed the AWPS, Krishnagiri who then registered an FIR on 06.06.2023 under Sections 5(1), 5(j)(ii) and 6(1) of the Protection of Child from Sexual Offences Act, 2012. When the petitioner’s daughter was taken to the first respondent for termination of pregnancy, the
doctors advised to get anC from this Court. Hence, the present petition.

Issue?
Whether the petitioner’s daughter who is only 14 years old who does not have the physical or mental capacity to take the pregnancy?

Legal Analysis:

First respondent to terminate the pregnancy of the petitioner’s daughter. When the matter is taken up for hearing, Dr.Naveena Shree, MSOG, Government Medical College Hospital appeared before this Court through video conferencing mode and submitted that the petitioner’s daughter is physically fit for medical termination and the said submission is recorded. Court followed same Precedent and granted orders for termination of preganacy of the petitioner’s daughter.

Judgement:

In view of the medical opinion of the Doctor, keeping in mind the health of the victim, this Court directs the first respondent to conduct necessary medical procedure for termination of the pregnancy of the petitioner’s daughter so that her life is not endangered. The said procedure shall be undertaken at the earliest and completed within a period of two weeks
from the date of receipt of a copy of this order.

JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR

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