‘Omission of reporting date in the written complaint is not a sufficient ground for acquittal of the accused,’ Read Judgment

Recently, the Chhattisgarh High Court dismissed the appeal challenging the legality, validity, and correctness of the judgment passed by the Special Judge, by which the appellant was convicted for an offence under Section 376(2)(i) of the Indian Penal Code (IPC) and Section 6 of the POCSO Act. The court held that in POCSO cases, the sole testimony of the victim can be the basis for conviction if it is reliable and inspires confidence.

Brief Facts:

The appellant was convicted by the Special Judge for committing sexual assault on a 5-year-old minor girl. The appellant allegedly lured the victim into a washroom and sexually assaulted her. The matter was reported, and an FIR was registered. The medical examination revealed injuries indicative of forceful sexual assault, and the forensic report confirmed the presence of blood on the victim’s clothing and slides. The trial court, relying on the victim’s statement, medical evidence, and forensic findings, convicted the appellant and sentenced him to 20 years of rigorous imprisonment. Hence, the present appeal.

Contentions of the Appellant:

The learned counsel for the appellant argued that the prosecution failed to prove the case beyond reasonable doubt. It was contended that no external injuries were found on the victim’s body, and the written complaint did not mention a date, raising doubts about the prosecution’s version.

Contentions of the Respondent:

The learned State counsel supported the conviction, arguing that the victim had clearly implicated the appellant in her statement before the court as well as in her Section 164 CrPC statement. It was submitted that the medical and forensic evidence corroborated the victim’s testimony, and the trial court rightly convicted the appellant based on reliable evidence.

Observations of the Court:

The Court noted that as per the victim’s birth certificate, she was 5 years old at the time of the offence, which was not disputed by the defence. The conviction was primarily based on the victim’s testimony, which was found to be credible and consistent.

The Court observed that the fact of the reporting date not being mentioned in the written complaint is insignificant, and it would not make the case of the prosecution doubtful, and the appellant cannot be acquitted on that ground alone. The Court said that the medical report confirmed abrasions and swelling in the victim’s private parts, with blood oozing from the labia minora and perineal region. The forensic report also detected blood on the slides collected during the medical examination, further corroborating the prosecution’s case. The court reiterated that in POCSO cases, the sole testimony of the victim can be the basis for conviction if it is reliable and inspires confidence.

Decision of the Court:

The Chhattisgarh High Court, dismissing the appeal, held that the prosecution has been able to bring home the offence against the appellant beyond reasonable doubt.

Case Title: Mahendra Tiwari vs. State of Chhattisgarh

Coram: Hon’ble Justice Sanjay K. Agrawal and Hon’ble Justice Sanjay Kumar Jaiswal

Case No.: CRIMINAL APPEAL NO: 2018/2019

Advocate for the Appellant: Ms. Indira Tripathi

Advocate for the Respondent: Mr. Sharad Mishra, Panel Lawyer