RAIPUR: The Chhattisgarh high court confirmed both the conviction and life imprisonment of an 18-year-old man for raping a 7-year-old girl.
The youth was earlier sentenced by a special court under the POCSO Act, 2012, in Korba district.
The court rejected the appeal by the convict, known as 'Pappu Mama', contesting the trial court's verdict on October 9, 2023.
A Division Bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma stated, "Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the Court should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable."
The Kotwali Police Station in Korba registered a case against 'Pappu Mama' for sexually assaulting a minor girl. The victim's mother filed the complaint on April 3, 2022, regarding an incident from March 16, 2022. The victim, her third child, visited a nearby shop between 6:00 pm and 7:00 pm. Upon her return at 7:30 pm, she was distressed and sick. When asked, she revealed that 'Pappu Mama' forcibly took her to a room, undressed her, and committed sexual assault. He also threatened her to maintain silence about the incident.
The mother investigated the location mentioned by her daughter but found no one there. She remained unaware of 'Pappu Mama's' identity until April 1, 2022, when her daughter identified him at a neighbourhood wedding they attended with family.
Following the written complaint, authorities filed an FIR under Section 376AB of the Indian Penal Code, 1860, and Sections 5(m) and 6 of the POCSO Act, 2012. The accused was arrested immediately. The trial court found the accused guilty under Section 6 of the POCSO Act, 2012, sentencing him to life imprisonment until natural death.
Upon reviewing arguments and records, the High Court upheld the trial court's decision. The victim's birth certificate confirmed she was seven years and eight months old when the incident occurred. Regarding Section 366 of the IPC, the High Court agreed with the trial court that the victim was removed from lawful guardianship without parental consent.
The High Court relied on the victim's credible testimony, citing Supreme Court precedents that permit conviction based solely on reliable victim testimony. The division bench concluded that the prosecution proved its case conclusively, and the trial court made no errors in determining the accused's guilt. The court dismissed the appeal and maintained the life imprisonment sentence.
(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
The youth was earlier sentenced by a special court under the POCSO Act, 2012, in Korba district.
The court rejected the appeal by the convict, known as 'Pappu Mama', contesting the trial court's verdict on October 9, 2023.
A Division Bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma stated, "Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the Court should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable."
The Kotwali Police Station in Korba registered a case against 'Pappu Mama' for sexually assaulting a minor girl. The victim's mother filed the complaint on April 3, 2022, regarding an incident from March 16, 2022. The victim, her third child, visited a nearby shop between 6:00 pm and 7:00 pm. Upon her return at 7:30 pm, she was distressed and sick. When asked, she revealed that 'Pappu Mama' forcibly took her to a room, undressed her, and committed sexual assault. He also threatened her to maintain silence about the incident.
The mother investigated the location mentioned by her daughter but found no one there. She remained unaware of 'Pappu Mama's' identity until April 1, 2022, when her daughter identified him at a neighbourhood wedding they attended with family.
Following the written complaint, authorities filed an FIR under Section 376AB of the Indian Penal Code, 1860, and Sections 5(m) and 6 of the POCSO Act, 2012. The accused was arrested immediately. The trial court found the accused guilty under Section 6 of the POCSO Act, 2012, sentencing him to life imprisonment until natural death.
Upon reviewing arguments and records, the High Court upheld the trial court's decision. The victim's birth certificate confirmed she was seven years and eight months old when the incident occurred. Regarding Section 366 of the IPC, the High Court agreed with the trial court that the victim was removed from lawful guardianship without parental consent.
The High Court relied on the victim's credible testimony, citing Supreme Court precedents that permit conviction based solely on reliable victim testimony. The division bench concluded that the prosecution proved its case conclusively, and the trial court made no errors in determining the accused's guilt. The court dismissed the appeal and maintained the life imprisonment sentence.
(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
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