In a recent judgment, the court has dismissed the appeals of two individuals convicted in a Special POCSO [Protection of Children from Sexual Offences] case, maintaining the conviction and order of the Additional Sessions Judge, Bhokar. The accused faced charges under Sections 376(2) (I), 376-D, 452, 506 r/w 34 of the Indian Penal Code [IPC], and Section 6 of the POCSO Act. The case, registered at Umri police station as crime number 195/2018, involved a brutal incident where three individuals forcibly entered a house, threatened the occupants with a knife, and allegedly raped a minor. The victim and her mother reported the crime, leading to an investigation by SDPO Deshpande. The defense, represented by Mr. A. M. Gaikwad and Ms. Rekha Choudhari, raised objections, asserting that the prosecution failed to establish the victim’s age as required by the POCSO Act. They argued that the provided evidence, such as a school extract, lacked evidentiary value. Citing a recent Supreme Court ruling (P. Yuvaprakash v. State), they contended that age must be established through specific documents like a birth certificate. However, the court, in its detailed judgment, addressed these concerns. It emphasized that the issue of the victim’s age was not raised in the trial court, and the school headmaster, testifying as PW8, provided an admission register extract indicating the victim’s date of birth as 08.01.2014. The court noted that the defense failed to question the witness about the birth certificate issued by the Grampanchayat, which could have further clarified the age issue. The judgment further highlighted the consistency in the testimonies of the victim and her mother, who identified the accused in court and narrated the horrifying incident in detail. The medical expert’s report, though lacking in injury findings, supported the prosecution’s case, leading the court to conclude that the victim was a minor and had been sexually assaulted. The defense’s arguments regarding inconsistencies, identification issues, and the delay in reporting were dismissed by the court, which found the evidence overwhelming and the guilt of the accused appropriately established.
In conclusion, the court upheld the conviction and ordered the dismissal of both appeals. The judgment serves as a stark reminder of the importance of stringent legal measures to protect minors from sexual offenses and the need for a thorough examination of evidence in such cases.
CASE: Kunal V/S The State of Maharashtra
NAME: NIDHI SINGH, BBA.LLB(H), SYMBIOSIS LAW SCHOOL, PUNE, INTERN UNDER LEGAL VIDHIYA
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