[Cites 30, Cited by 0]
Bombay High Court
Christian Rajendran And Anr vs The State Of Maharashtra And Ors. on 5 December, 2025
2025:BHC-AS:53548
Shubhada S Kadam 1-apeal No.261-2021 (two appeals).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 261 of 2021
1 Christian Rajendran
Aged 26 years, Occu.: Business
2 Joy Rajendran
Aged 19 years., Occu.: Business
Both residing at Chambharli,
Tal. Khalapur, Dist. Raigad
Appellants
versus
1 The State of Maharashtra
At the instance of Senior Inspector of Police
Through Rasayani Police Station,
Dist.Raigad.
2 A, Age : 20 years
3 B, Age : 18 years
4 C, Age ; 20 years
5 D, Age : 20 years
6 E, Age : 20 years
7 F, Age : 19 years
8 G, Age : 11 years
9 H, Age : 10 years
All residents at Prerna Nav-Nihal Bal Ashram,
Sector-5, Kharghar, Taluka ; Panvel, Dist: Raigad.
Respondents
WITH
CRIMINAL APPEAL NO. 256 of 2021
1 Salomi Rajendran
Aged 47 years., Occu.: Housewife,
Digitally
signed by
Residing at Chambharli,
SHUBHADA
SHUBHADA SHANKAR
Tal. Khalapur, Dist. Raigad Appellants
SHANKAR KADAM
KADAM Date:
2025.12.08
14:33:25
+0530
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versus
1 The State of Maharashtra
At the instance of Senior Inspector of Police
Through Rasayani Police Station,
Dist.Raigad.
2 A, Age : 20 years
3 B, Age : 18 years
4 C, Age ; 20 years
5 D, Age : 20 years
6 E, Age : 20 years
7 F, Age : 19 years
8 G, Age : 11 years
9 H, Age : 10 years
All residents at Prerna Nav-Nihal Bal Ashram,
Sector-5, Kharghar, Taluka ; Panvel, Dist: Raigad. Respondents
Mr. Abhijeet Rane, Advocate for the Appellants in both appeals.
Mr. Mayur S. Sonavane, APP for Respondent No.1-State.
Mr. Zakir Hussain, Advocate for Respondent Nos.2 to 9 (Appointed
through Legal Aid).
Mr. Pramod Jadhav, API, Rasayani Police Station, Raigad District.
CORAM : R. M. JOSHI, J.
RESERVED ON : 24th NOVEMBER, 2025.
PRONOUNCED ON : 05th DECEMBER, 2025
Judgment :
1. By consent of both sides, both appeals since they involve same
question of facts and law are heard and decided together by this common
judgment.
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2. These appeals take exception to the judgment and order dated
3rd March 2020 passed by Additional Sessions Judge, Panvel-Raigad, in
Special POCSO Case No.107 of 2019 whereby the appellants/accused
were convicted and sentenced to suffer imprisonment as detailed herein
below:
Accused Convicted for offences punishable Sentence Imposed
Persons under following Sections
Accused No.1 Section 376 (2) (d) (i) (n) of the IPC Sentenced to suffer R.I. for
- Fourteen Years, and to pay fine
Christian of Rs. 20,000/- (Rs. Twenty
Rajendran Thousand only) in-default to
suffer R. I. for One month
Section 377 of the IPC Sentenced to suffer R.I. for Ten
Years and to pay fine of Rs.
20,000/- (Rs. Twenty Thousand
only) in-default to suffer R. I. for
One month
Section 323 of the IPC Sentenced to suffer R.I. for One
Year and to pay fine of Rs.
1,000/-(Rs. One Thousand only)
in-default to suffer R. I. for 15
days.
Section 506(11) of the IPC Sentenced to suffer R.I. for
Seven Years and to pay fine of
Rs. 10,000/- (Rs. Ten Thousand
only) in-default to suffer R. I. for
One month
Section 354-A of the IPC Sentenced to suffer R.I. for Three
Years and to pay fine of Rs.
1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for 15
days.
Section 3 read with Section 4 of the Sentenced to suffer R.I. for
POCSO Act Seven Years and to pay fine of
Rs. 10,000/- (Rs. Ten Thousand
only) in-default to suffer R. I. for
One month
Section 5(d) (f) (1) (m)(o) (p) read with Sentenced to suffer R.I. for Ten
Section 6 of the POCSO Act Years and to pay fine of Rs.
20,000/- (Rs. Twenty Thousand
only) in-default to suffer R. I. for
One month
Section 7 read with Section 8 of the Sentenced to suffer R.I. for
POCSO Act Three Years and to pay fine of
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Rs. 1,000/- (Rs. One Thousand
only) in-default to suffer R. I. for
15 days.
Section 9(d) (f) (i) (1) (m) (o) (p) read Sentenced to suffer R.I. for Five
with Section 10 of the POCSO Act Years and to pay fine of Rs.
1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for One
month
Section 11(iii) read with Section 12 of Sentenced to suffer R.I. for Three
the POCSO Act Years and to pay fine of Rs.
1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for 15
days
Accused Section 377 of the IPC Sentenced to suffer R.I. for Ten
No.2-Joy Years and to pay fine of Rs.
Rajendran 20,000/- (Rs. Twenty Thousand
only) in-default to suffer R. I. for
One month
Section 323 of the IPC Sentenced to suffer R.I. for One
Year and to pay fine of Rs.
1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for 15
days.
Section 506(II) of the IPC Sentenced to suffer R.I. for
Seven Years and to pay fine of
Rs. 10,000/- (Rs. Ten Thousand
only) in-default to suffer R. I. for
One month
Section 354-A of the IPC Sentenced to suffer R.I. for Three
Years and to pay fine of Rs.
1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for 15
days
Section 7 read with Section 8 of the Sentenced to suffer R.I. for Three
POCSO Act Years and to pay fine of Rs.
1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for 15
days
Section 9(d) (f) (i) (1) (m) (o) (p) read Sentenced to suffer R.I. for Five
with Section 10 of the POCSO Act Years and to pay fine of
Rs. 1,000/- (Rs. One Thousand
only) in-default to suffer R. I. for
One month
Section 11 (iii) read with Section 12 of Sentenced to suffer R.I. for Three
the POCSO Act Years and to pay fine of Rs.
1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for 15
days.
Accused Section 19 read with Section 21 of the Sentenced to suffer R.I. for One
No.3-Salomi POCSO Act Year and to pay fine of Rs.
Rajendran 1,000/- (Rs. One Thousand only)
in-default to suffer R. I. for 15
days.
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3. The facts which led to the filing of these appeals can be
narrated in brief as under :
Shanti Ashram was run by Rajendran and his family members
i.e. sons and wife who are accused herein. It is an orphanage situated at
village Chambharli, Taluka Khalapur, District Raigad. The said premises
comprises of three stories in all eleven girls and seven boys were
residing therein. The boys are said to have resided on ground floor,
whereas the girls used to occupy first floor. Apart from these persons,
there were other persons residing at the same place, which included the
maid and cook. Advocate- Manisha Tulpule who claimed herself to be the
President of Child Welfare Committee, Karjat (for short "CWC") came to
know from Mrs. Kurhade, who is a teacher in Priya School about her
students being sexually abused in Shanti Ashram, Chambharli. In order to
verify the said fact, she along with Dr. Kulkarni visited Shanti Ashram on
29th April 2015 and met children. According to her, the children appeared
frightened. She made enquiry with regard to the certificate of registration,
which they did not have. She asked them to produce the same before
CWC. She claimed that CWC took custody of the children who
complained about beating, starvation and some of them also complained
about sexual abuse and refused to go to Shanti Ashram. The ten girls
were examined from 6th May 2015 to 13th May 2015 by the Medical Officer
of Sub-District Hospital, Karjat. On the basis of the medical report, police
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personnel lodged FIR. On the basis of the said report, offence came to be
registered vide Crime No. 47 of 2015 with Rasayani Police Station for the
offences punishable under Sections 376(i), 377, 354(A), 323, 506 of IPC
and Sections 19 read with 21 of the Protection of Children Against Sexual
Offences, 2012.
4. During investigation, the Investigating Officer collected medical
certificates of the victim girls and also bonafide certificates from their
respective schools. Statements of witnesses were recorded and after
conclusion of the investigation, since the involvement of the accused
persons was found in the crime in question, charge-sheet came to be filed
against them before the competent court.
5. Charge was framed against the accused, which came to be
altered vide order passed below Exhibit-186. The charges framed against
each accused are reproduced herein below :
Name of Accused Charges framed under following sections.
Accused No.1-Christian Section 376(2)(i)(d)(n) of IPC
Section 377 of IPC,
Sections 3 read with 4 of POCSO Act
Sections 5(d), (f), (l), (m), (o), (p) read with
Section 6 of POCSO Act
Accused No.1-Christian Section 323 of IPC
Accused No.2-Joy Section 506 of IPC
Section 354-A of IPC
Section 7 r/w.Section 8 of POCSO Act.
Section 9(d), (f), (I) (l), (m), (o), (p) r/w. Section
10 of POCSO Act.
Section 11(iii) read with Section 12 of POCSO Act.
Accused No.3-Salomi Rajendran Section 19 read with 21 of the POCSO.
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6. Since the accused abjured the charge, the prosecution led oral
as well as documentary evidence before the Trial Court. Prosecution
examined following 21 witnesses :
Witness No. Witness Name Exhibit No.
PW1 Bhalchandra PSI who registered the F.I.R. Exhibit-27
PW2 Sunil Sadashiv Mali-Panch on spot Exhibit-43
panchanama
PW3 Padmakar Waman Patil, Panch on seizure Exhibit-44
panchanama
PW4 Nagesh Vijay Kadu, Panch on seizure Exhibit-50
panchanama on clothes
PW5 Victim girl-K Exhibit-54
PW6 Victim girl-SAB Exhibit-78
PW7 Victim girl-P Exhibit-87
PW8 Victim girl-M Exhibit-97
PW9 Victim girl-S Exhibit-102
PW10 Victim girl-N Exhibit-107
PW11 Victim girl-M Exhibit-109
PW12 Dr. Pallavi, who has examined 10 victim girls Exhibit-110
PW13 Victim girl-A Exhibit-123
PW14 Manisha Tulpule, President of CWC, Karjat Exhibit-124
PW15 Bhimrao, Principal of Janata Vidyalaya Exhibit-132
PW16 Madhu, Principal of Patalganga Industries Exhibit-145
Association School
PW17 Neeta, tuition teacher Exhibit-160
PW18 Neelam, teacher at Priya School, Mohopada Exhibit-161
PW19 Ganesh, panch witness of seizure Exhibit-163
panchnama
PW20 Dr. Suhail, Medical Officer, who has Exhibit-173
examined accused Christian and Joy
PW21 Ujjwala, Investigating Officer Exhibit-176
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7. Following documentary evidence was also produced before the
Trial Court to bring home guilt of the accused persons:
1 Report Exh.28
2 F.I.R. Exh.29
3 C.A. report of samples of minor victim (P.W.11) Exh.33
4 C.A. report of samples of minor victim Exh.34
5 C.A. report of samples of minor victim (P.W.8) Exh.35
6 C.A. report of samples of minor victim Exh.36
7 C.A. report of blood stains on clothes Exh.37
8 Letter Dt.18/05/2015 sent by CWC to Rasayani Exh.39
Police Station
9 Letter Dt.29/05/2015 sent by Rasayani - Police Exh.40
Station to C.W.C.
10 Spot panchanama Exh.41
11 Memorandum Panchnama Exh.45
12 Seizure Panchnama Exh.46
13 C.A. report of memory card, card reader - and Exh.61
DVD
14 Letter sent to Rasayani Police station by FSL Exh.62
15 Seizure Panchnama of clothes of minor victim girls Exh.51
(P.W.5, 6 & 7)
16 Medical certificates of victims Exh.111 to 121
17 Letter dated 03/06/2015 issued to Manisha Tulpule Exh.125
by police
18 Letter dated 10/06/2015 issued to C.W.C by Exh. 126
Rasayani Police station
19 Letter dated 10/06/2015 issued to Rasayani Police Exh. 127
station by C.W.C
20 Order dated 15/06/2015 issued by CWC Exh.128
21 Letter dated 16/06/2015 issued by Rasayani Exh.133,146
police station to Principal, Janata Vidyalay,
Mohopada
22 Extracts from General School Admission register Exh.134, 136,
of school victim girls 138, 140, 142,
147, 149, 151,
153
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8. After completion of evidence of the prosecution, the
incriminating circumstances were put to the accused persons in their
statement recorded under Section 313 of the Code of Criminal Procedure,
1973 (for short "Cr.PC."). The accused in their defense examined
following five witnesses :
1 Rambhau - who was working with father of accused Exh.192
Nos.1 and 2 at Naval dockyard.
2 Rohini - Tuition Teacher Exh.193
3 Abhijit - friend of accused Joy Exh.194
4 Harphul - one of the visitor of Shanti Ashram Exh.195
5 Mallamma - one of the visiting of Shanti Ashram Exh.205
9. Learned Trial Court found evidence led by the prosecution
conclusive to prove the guilt of the accused person beyond reasonable
doubt and hence, convicted the accused persons and sentenced to suffer
imprisonment as detailed hereinabove.
10. Heard learned counsel for the appellants/accused. After
conclusion of oral arguments, learned counsel for the appellants has
placed on record written notes of argument. This Court has gone through
the said written notes of argument. All submissions of the counsel for the
appellant cannot be reproduced in this order in verbatim, however, the gist
of his contention is taken note of hereinafter.
11. At the outset, it is submitted that there is non-compliance of the
mandatory procedure laid down under the provisions of POCSO Act,
which according to him goes to the root of the matter. He took exception
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to the locus standi of Advocate - Manisha Tulpule, who claimed herself to
be the President of CWC. By drawing attention of the Court to her cross-
examination, it is sought to be argued that her tenure as a President, if
any, was already over and in absence of any evidence to indicate that she
was having any authority, all actions done by her are deemed to be illegal
and, therefore, inconsequential. It is further argued that if the said so
called President of CWC had taken the girls in her custody to protect
them, there is no reason or justification given for not immediately
informing commission of offence under the provisions of the POCSO Act
to the concerned police immediately. It is his submission that apart from
the fact that it was not reported to the concerned police immediately, the
entire exercise of conducting medical examination of the girls is contrary
to the provisions of the Act, and therefore, such evidence cannot be
legally permitted to be relied upon against the accused in order to convict
them for the crimes in question. In this regard, it is argued that as per the
provisions of the Act, it is mandatory that the examination of the victim
girls was required to be undertaken in presence of their family member or
in their absence, a woman appointed by Head of Medical Institution. It is
his submission that this aspect has been completely ignored and
therefore, any evidence collected in contravention of the said provision
would be illegal.
12. On merit, it is the submission of the learned counsel for the
appellants that the Trial Court has failed to take into consideration
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evidence and more particularly cross-examination of the victim, which
according to him, clearly indicate that there is no substance in the
allegations made against the accused persons with regard to them
abusing, beating, assaulting or sexually abusing the victims in any manner
whatsoever. He further argued that in fact if all boys and girls who were in
the orphanage were taken into custody, there remains no reason for non-
examination of one girl and the boys medically. It is also argued that if as
per the statements of the victim girls, some of the incidents have occurred
in presence of boys, their statements ought to have been recorded by the
prosecution in order to bring home guilt of the accused persons. Non-
examination of these material witnesses, according to him, seriously
affects the case of the prosecution. He drew attention of the Court to the
cross-examination of the victims which shows that the victims were very
happy to be in the orphanage and that they had no grievance at any point
of time against the accused or any other person in the orphanage. To
support this submission, he drew attention of the Court to the admissions
given by the victim girls in respect of various occasions, such as girls and
boys being taken out in the malls for movies, in restaurants etc. and also
all of them enjoying various festivals. He further drew attention of the
Court to the evidence on record in the form of the medical register
recovered by the police during the investigation and also the admissions
of the victim girls which indicate about the boys and girls being medically
examined by the doctors visiting the orphanage at regular intervals. It is
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his submission that in case the victims were sexually abused or any
atrocities were caused upon them, in natural course of clinical
examination of the victims, the doctor could have known about the same.
It is his further submission that all the girls were not orphans and some of
them had both parents or either one of the parent. It is further argued that
these persons used to visit the orphanage intermittently and hence, in
case of the girls being abused sexually by the accused, they ought to
have disclosed the same to their parents. According to him, there is
evidence on record to show that some of the victim girls had written
essays indicating that they are extremely happy and had no grievance
against the accused persons at any point of time. It is his submission that
having regard to the time lapsed between Tulpule taking custody of the
girls and recording of their statements, the possibility of tutoring them is
not ruled out. He took serious exception to the opinion of the Medical
Officer, who in respect of all girls has opined that the possibility of sexual
assault cannot be ruled out. According to him, neither the victim girl has
complained regarding anything nor does the medial evidence reflect any
sexual assault. It is his contention that such quality of evidence and its
nature is not sufficient to prove the guilt against the accused persons. He
took this Court through the testimony of all witnesses recorded before the
Trial Court and contended that there are material discrepancies and
inconsistencies in their testimonies, more particularly the testimonies of
the victims and as such, their evidence is not reliable for the purpose of
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conviction of the accused. To support his submissions, he placed reliance
on the judgment of the Hon'ble Supreme Court in case of Nirmal Prem
Kumar and anr. Versus State represent by Inspector of Police,
Criminal Appeal No.1098 of 2024.
13. Learned counsel for the victims vehemently opposed the
appeals. It is his contention that the prosecution has proved that the
victims were minor at the time of occurrence of the incident in question. In
this regard, he drew attention of the Court to the evidence of victims as
well as the evidence of Headmasters of the schools where the victims
were studying. It is his contention that the defense has not taken
exception to the fact that the victims were minor at the relevant time.
According to him, the position of law is settled to say that if the victims'
testimonies are believable and free from doubt, conviction can be
recorded solely on the said basis without seeking any corroboration
thereto. He argued that there is no substance in the contention of counsel
for the appellants that the victims had not complained about the said
incidents as they had no complaint in that regard and now at the instance
of Manisha Tulpule, the allegations are sought to be made. It is his
submission that since the girls were required to stay in orphanage, it was
not possible for them to complain about it to anyone. He further argued
that the delay caused in lodging of the report or any lapses in the
procedure under the Act, cannot be used for the benefit of the accused. It
is his submission that the procedure laid down for the purpose of
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recording the statement of a witness is meant to protect the interests of
the victim, and not the interests of the accused. It is his submission that
even if this Court finds any procedural irregularity, that alone would not be
sufficient to acquit the accused as it would not affect the validity of trial.
He drew attention of the Court to the testimonies of victim, which
according to him are unblemished and further supported by medical
evidence. It is his submission that there is no case sought to be made out
by the defense as to what would be the reason for the victim girls to
falsely implicate accused in this crime. Insofar as the allegations of the
defense about the acts of Manisha Tulpule, it is his submission that during
even the cross-examination of this witness, no reason is brought on
record to indicate any motive, enmity etc for her to initiate false
proceedings against the accused. He placed reliance on provisions of
Section 29 and 30 of the Act to contend that the presumption of
commission of the crime and offenses under the Act are not being
rebutted by the defense. Finally it is his submission that having regard to
the serious nature of crime and in view of prosecution being able to prove
the guilt of the accused beyond reasonable doubt, these appeals do not
deserve acceptance.
14. Learned APP supported the contentions of the counsel for
respondent No.2 and also independently sought confirmation of impugned
judgment and order of conviction. It is his submission that the evidence of
the victim girls, more particularly those who have categorically deposed in
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their substantial evidence before the Trial Court with regard to the acts of
sexual assault being caused upon them is duly supported by the medical
evidence on record. It is his submission that in view of Section 29 of the
Act, the burden has shifted upon the accused to show contrary, which
they have failed to do. In this regard, it is further argued that though the
defense witnesses were examined, the said witnesses are not sufficient to
dislodge the case of the prosecution. He further argued that the evidence
of the victim girls indicate that accused Nos.1 and 2, apart from sexually
abusing them, have shown them pornographic videos, which were
recovered during the investigation. It is his submission that even other
victim girls were assaulted and as such, the conviction recorded against
them on all counts deserves no interference. Insofar as accused No.3 is
concerned, it is argued by referring to Section 19 of the Act, that once the
victim girls had pointed out to the said accused about the acts of sexual
assault being committed upon them, the law mandated the accused No.3
to inform about it to the police, which she has failed to do and therefore,
the offence in question has been committed.
15. At the outset, it needs to be recorded that the burden to prove
the charges against the accused solely rests upon the prosecution and
the requirement to prove guilt beyond doubt is not dispensed with, even
for offences under POCSO Act. However, unlike the offences under the
Indian Penal Code, 1860, in view of Section 29 of the Act, once the
prosecution proves the fundamental facts, which led to hold that the
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offenses alleged against the accused are established, the burden would
then shift upon the accused to show otherwise in order to rebut the
presumption provided under Section 29 of the Act. Similarly, the position
of law with regard to the acceptance of the version of the victim even
without seeking any corroboration thereto is settled to say that if the
version of the victim is consistent and wholly reliable, the Court need not
seek any corroboration thereto. In this regard, reference can be made to
the judgment in the case of Nirmal (supra). The Hon'ble Apex Court in
the said judgment has dealt the issue, with regard to the weight to be
attached to the testimonies of the victim in matters involving sexual
offences. It would be useful to reproduce relevant observations made by
the Supreme Court therein :
"11. Law is well settled that generally speaking, oral testimony may
be classified into three categories, viz.: (i) wholly reliable; (ii) wholly
unreliable; (iii) neither wholly reliable nor wholly unreliable. The first
two category of cases may not pose serious difficulty for the Court in
arriving at its conclusion(s). However, in the third category of cases,
the Court has to be circumspect and look for corroboration of any
material particulars by reliable testimony, direct or circumstantial, as a
requirement of the rule of prudence.
12. In Ganesan v. State4, this Court held that the sole testimony of
the victim, if found reliable and trustworthy, requires no corroboration
and may be sufficient to invite conviction of the accused.
13. This Court was tasked to adjudicate a matter involving gang rape
allegations under section 376(2)(g), I.P.C in Rai Sandeep v. State
(NCT of Delhi)5. The Court found totally conflicting versions of the
prosecutrix, from what was stated in the complaint and what was
deposed before Court, resulting in material inconsistencies.
Reversing the conviction and holding that the prosecutrix cannot be
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held to be a 'sterling witness', the Court opined as under:
"22. In our considered opinion, the 'sterling witness' should be
of a very high quality and calibre whose version should,
therefore, be unassailable. The court considering the version of
such witness should be in a position to accept it for its face
value without any hesitation. To test the quality of such a
witness, the status of the witness would be immaterial and what
would be relevant is the truthfulness of the statement made by
such a witness. What would be more relevant would be the
consistency of the statement right from the starting point till the
end, namely, at the time when the witness makes the initial
statement and ultimately before the court. It should be natural
and consistent with the case of the prosecution qua the
accused. There should not be any prevarication in the version
of such a witness. The witness should be in a position to
withstand the cross-examination of any length and howsoever
strenuous it may be and under no circumstance should give
room for any doubt as to the factum of the occurrence, the
persons involved, as well as the sequence of it. Such a version
should have co-relation with each and every one of other
supporting material such as the recoveries made, the weapons
used, the manner of offence committed, the scientific evidence
and the expert opinion. The said version should consistently
match with the version of every other witness. It can even be
stated that it should be akin to the test applied in the case of
circumstantial evidence where there should not be any missing
link in the chain of circumstances to hold the accused guilty of
the offence alleged against him. Only if the version of such a
witness qualifies the above test as well as all other such similar
tests to be applied, can it be held that such a witness can be
called as a 'sterling witness' whose version can be accepted by
the court without any corroboration and based on which the
guilty can be punished. To be more precise, the version of the
said witness on the core spectrum of the crime should remain
intact while all other attendant materials, namely, oral,
documentary and material objects should match the said
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version in material particulars in order to enable the court trying
the offence to rely on the core version to sieve the other
supporting materials for holding the offender guilty of the charge
alleged."
(underlining ours, for emphasis)
14. In Krishan Kumar Malik v. State of Haryana 6, this Court laid down
that although the victim's solitary evidence in matters related to
sexual offences is generally deemed sufficient to hold an accused
guilty, the conviction cannot be sustained if the prosecutrix's
testimony is found unreliable and insufficient due to identified flaws
and lacunae. It was held thus:
"31. No doubt, it is true that to hold an accused guilty for
commission of an offence of rape, the solitary evidence of the
prosecutrix is sufficient provided the same inspires confidence
and appears to be absolutely trustworthy, unblemished and
should be of sterling quality. But, in the case in hand, the
evidence of the prosecutrix, showing several lacunae, which
have already been projected hereinabove, would go to show
that her evidence does not fall in that category and cannot be
relied upon to hold the appellant guilty of the said offences.
32. Indeed there are several significant variations in material
facts in her Section 164 statement, Section 161 statement
(CrPC), FIR and deposition in court. Thus, it was necessary to
get her evidence corroborated independently, which they could
have done either by examination of Ritu, her sister or Bimla
Devi, who were present in the house at the time of her alleged
abduction. The record shows that Bimla Devi though cited as a
witness was not examined and later given up by the public
prosecutor on the ground that she has been won over by the
appellant."
15. What flows from the aforesaid decisions is that in cases where
witnesses are neither wholly reliable nor wholly unreliable, the Court
should strive to find out the true genesis of the incident. The Court
can rely on the victim as a "sterling witness" without further
corroboration, but the quality and credibility must be exceptionally
high. The statement of the prosecutrix ought to be consistent from the
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beginning to the end (minor inconsistences excepted), from the initial
statement to the oral testimony, without creating any doubt qua the
prosecution's case. While a victim's testimony is usually enough for
sexual offence cases, an unreliable or insufficient account from the
prosecutrix, marked by identified flaws and gaps, could make it
difficult for a conviction to be recorded."
Keeping in mind the aforesaid guidelines issued by the Hon'ble
Supreme Court and the observations made in the judgments referred
therein, it would be necessary to examine the evidence which was led
before the Trial Court.
16. At the first instance, this Court would like to deal with the
arguments advanced by the learned counsel for the appellants/accused
that the procedure laid down under the POCSO Act for the purpose of
recording of the statements of the victims so also for their medical
examination has not been complied with. It would be necessary to take
note of Section 24 of the Act, which reads thus :
"24. Recording of statement of a child
(1) The statement of the child shall be recorded at the residence of the child
or at a place where he usually resides or at the place of his choice and as far
as practicable by a woman police officer not below the rank of sub-inspector.
(2) The police officer while recording the statement of the child shall not be in
uniform.
(3) The police officer making the investigation, shall, while examining the
child, ensure that at no point of time the child come in the contact in any way
with the accused.
(4) No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected
from the public media, unless otherwise directed by the Special Court in the
interest of the child."
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17. It is needless to say that the procedure laid down under the Act
is to ensure that the victims are not subjected to any harassment during
the course of the investigation and also that the investigation is being
done in an appropriate manner. The intent of the legislature to lay down
the said procedure is to ensure that the victim girls are comfortable in
case their medical examination is done in presence of a member of the
family and in their absence, an appointed person. Now question arises as
to whether the accused can seek benefit of any procedural irregularity
committed during the course of investigation. A candid answer thereto,
must be recorded in negative. The reason for the same is that only the
procedural illegalities which go to the root of the investigation would affect
the trial in appropriate case. It is the settled position of law that
irregularities committed during the course of the investigation, if they are
not fatal to the case of the prosecution, would not affect the outcome of
the trial. In no circumstances, it can be said that such procedural lapses
committed by the investigating agency would come to the aid of the
accused seeking acquittal. The accused has to show the prejudice
caused to him by non-compliance of the procedure and in such
circumstances only, the contention of the accused in that regard would be
considered. Here in this case, the victim girls were residing in an
orphanage. They were examined by the Medical Officer attached to Sub-
District Civil Hospital. During the cross-examination of the Medical Officer
or during the cross-examination of the victims themselves, it was never
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suggested that no medical examination of these girls was undertaken by a
qualified medical officer to do so. The Medical Officer is a female and
attached to the Government Hospital and as such, the basic requirement
for the purpose of medical examination of the girls is complied with.
18. Similarly, it is sought to be argued on behalf of the
appellant/accused that after the girls were taken in custody, no report
was lodged immediately and the report has been lodged in this regard
after lapse of some time. In this regard, however, the evidence of Witness
No.1-who has lodged the report on behalf of the State indicates that on
account of procedural compliances, time was taken for the purpose of
lodging a formal report. A bare perusal of relevant evidence on record,
does not indicate that there was any deliberate or intentional delay on the
part of the State Machinery to set the law in motion. In any case, cross-
examination of Manisha Tulpule does not bring on record as to what
interest she had in making any allegations against the accused persons.
In absence of any cross-examination and for want of any ulterior motive
on her part, it is not possible for this Court to accept the contention of
learned counsel for the appellant that there was any deliberate delay and
which would go to the root of the case and which would require this Court
to take any action against the concerned.
19. Prosecution essentially placed reliance on the substantial
evidence of the victim led before the Trial Court. It is sought to be
contended on behalf of the appellants that out of 11 girls, only 10 girls were
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medically examined and all of them were not brought before the Trial
Court. It is further contended that the boys who were also present at the
spot were not examined and the other witnesses who were working in the
establishment of the orphanage were withheld without any justified
reason. It is necessary to take note of the position of law that the
examination of a particular number of witnesses to prove any fact is not
necessary. It is the quality of evidence that would matter rather than the
quantity. Even otherwise, in cases where the testimony or the evidence of
the victim is found reliable or free from doubt, it is open for the Court to
base the conviction of the accused on the basis of sole evidence without
seeking any corroboration. Herein this case, though it is a fact that
immediately after the disclosure of the offenses against the accused
persons, no report came to be lodged, however, it is pertinent to note that
the evidence led by the prosecution is self-explanatory. According to the
evidence of Manisha Tulpule, she had no personal knowledge about
harassment or sexual assault caused on the victim girls by the accused,
which came to her notice after it was informed by the teacher of some of
the victims. After the girls were taken in custody, it was necessary to
examine them medically. Having regard to the number of victims, there is
justification for conducting their medical examination from 6 th May to 13th May
2015. It is on the basis of the report of the medical officer, report came to be
lodged on behalf of the State by the police personnel i.e. PW-1. In the peculiar
facts and circumstances of the case, it cannot be said that either Manisha
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Tulpule or the State Machinery has deliberately not complied with the
provisions of the POCSO Act or any prejudice has been caused to the
appellants in that regard. It is necessary to take note of the fact that no
mala fides are attributed even towards Manisha Tulpule for initiating the
action or any mala fide intention or falsity alleged against the victim
themselves. Similarly, non-examination of all the victims or even the boys
who were residing along with the victims in the orphanage does not affect
materially the case of the prosecution.
20. For the purpose of better understanding of the evidence
recorded qua each accused, the evidence of the victims is reproduced in
nutshell in a tabular form.
Victim Accused No.1- Accused No.2- Accused No.3-
Christian Joy Salomi
PW5-K A1 used to tell her to visit She also states that
his room and if she PW11-M told her A2 NIL
refused to obey, he committed rape on her.
would threaten to beat She however does not
her. Thereafter, he used claim any act committed
to commit sexual assault by this accused to her.
and penetrative sexual
assault upon her. She
states this alleged act
was done frequently
(every day) by A1.
All this was going on until
the year 2015.
PW6 SAB She states that A1 have She also states that she She states that She
committed sexual assault has seen PW11-M and informed A3 about
and penetrative sexual A2 in a room latched the alleged acts done
assault on her person, from inside, and when by A1, but A3 told
and when she refused, A she inquired, PW11-M them to wait for
A2 threatened to beat told her she was some time and she
her. sexually assaulted by was going to sent us
She also states that A1 A2. back to our home.
would show her
pornographic videos on
Television by attaching a
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pen drive.
She stated that A1
sexually assaulted her
for 4 years before 2015.
PW7 P She states that A1 Nil She states that A3
committed sexual assault knew about the
on her person between alleged acts done by
2014 - 2015 and would A1, but A3 ignored
beat her out of revenge them.
because she refused to
do the acts as told by
A1)
PW8-M She states that she was Nil She states that A3
sexually assaulted by A1 knew about the
alleged acts done by
A1, but did not
report the same.
PW9-S She states that she was Nil She states that A3
sexually assaulted and knew about the
beaten by A1. alleged acts done by
A1, but did not report
the same.
PW10-N She alleges that A1 Nil Nil
showed her pornographic
videos on his cell phone.
PW11-M She states that she has She states that on Nil
seen A1 beating PW6- several occasions, A2
SAB. has committed sexual
assault and penetrative
sexual assault on her
and when she refused,
A2 threatened to beat
her.
She states that she has
seen A2 beating PW6-
SAB.
PW13-A Nil She states that only Nil
once, A2 had committed
sexual assault and
penetrative sexual
assault on her, and this
has resulted in her
experiencing painful
episode.
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21. The evidence of Dr.Naik, PW-12 (Exhibit-110) indicates that
the victims gave history to the medical officer and the findings as to the
clinical examination of the victims. For convenience, relevant observation
are reproduced herein below :
Victims Opinion of Dr.Naik, PW-12
Examined
PW5-K Patient gives details of alleged history of sexual assault twice
On general examination vitals appear to be normal.
On genital examination, no external injury marks were seen.
Secondary characters were developed, normal and healthy.No
injuries were found on vaginal introitus.
Hymen was not intact (ruptured). Urethral and anus normal. No
bleeding. No injury marks were noticed.
PW-SAB Patient gives details of alleged history of penetrative sexual assault
around 4 to 5 times since November 2014 and last assault on 22nd
March 2015.
She had also mentioned alleged history of physical assault on 23rd
and 24th April 2015 with blunt object (belt).
On general examination vitals appear to be normal.
On genital examination, no external injury marks were seen.
On genital examination, no injury marks were seen. Secondary
characters were developed, normal and healthy. No injuries were
found on vaginal introitus.
Hymen was not intact. Urethral and anus normal. No bleeding or
any injury marks were noticed.
PW7-P Patient had given an alleged history of external handling of private
parts.
On genital examination, no injury marks were seen. Secondary
characters were developed, normal and healthy. No injuries were
found on the vaginal introitus.
Hymen was intact. No injury marks were noticed.
PW-8 -M Patient has given history of headache (on & off type) for 1 year and
blurred distant vision.
Patient has alleged history of physical assault 1 month back with
hard and blunt object, but no external injury is seen. She had also
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given alleged history of Accused forcing to put fingers in Anal region
1 month back.
On general examination, her vitals were normal.
On genital examination, no external injury marks were seen.
Secondary characters were developed, normal and healthy. No
injuries were found on vaginal introitus.
Hymen was intact. Urethral and anus normal. No bleeding. No injury
marks were noticed.
PW-9-S Patient had given an alleged history of intermittent physical assault
in form of slapping.
She menstruated for 4-5 days.
On genital examination, no external injury marks were seen.
Secondary characters were developed, normal and healthy. No
injuries were found on vaginal introitus.
Hymen was intact. Urethral and anus normal. No bleeding. No injury
marks were noticed.
PW-10-N Patient had given an alleged history of physical assault in form of
slapping on some mistakes committed by her.
On general examination vitals appear to be normal.
On genital examination, no external injury marks were seen.
Hymen was intact.
PW-11-M Patient has mentioned that she had no complaint. But she confirmed
only about the history of physical assault
On general examination, her vitals were normal.
on genital examination, no external injury marks were seen.
PW13-A Patient has mentioned that she had no complaint.
On general examination, her vitals were normal.
on genital examination, no external injury marks were seen.
Secondary characters were not developed. No bleeding. No injury
marks were noticed.
Witness A Patient has mentioned that she had no complaint. She had not given
Not any alleged history of penetrative sexual assault, but intermittent
examined history of physical assault (slapping).
before the
Trial Court On general examination, her vitals were normal.
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On genital examination, no external injury marks were seen.
Secondary characters were poorly developed. Hymen was intact.
Urethral and anus normal. No bleeding. No injury marks were
noticed.
Witness Patient mentioned that she had no complaint. She had not given any
MR alleged history of penetrative sexual assault. confirmation only about
Not history of physical assault.
examined
before the On general examination, her vitals were normal.
Trial Court
On genital examination, no external injury marks were seen.
Secondary characters were poorly developed. Hymen was intact.
Urethral and anus normal. No bleeding. No injury marks were
noticed.
Witness S Patient mentioned she had no complaint. She had not given any
Not alleged history of penetrative sexual assault. Confirmation only
examined about history of physical assault.
before the
Trial Court On general examinations, her vitals are normal.
On genital examination, no external injury marks were seen.
Secondary characters were poorly developed. No bleeding. No
injury marks were noticed.
It is opined by PW12 that after going through chemical analysis
report of all the above victims, sexual intercourse/assault cannot be ruled out.
22. From the evidence on record, it is clear that PW5-K, PW6-SAB,
PW7-A, PW8-M, PW9-S and PW10- deposed against accused No.1-
Christian. PW5-K deposed before the Trial Court that there were eleven
girls and seven boys in the orphanage. She further claimed that the boys
were staying on the ground floor along with accused No.2-Joy and the
girls used to reside on the first floor. Accused No.1-Christian was residing
on the second floor in a guest room. According to her, accused No.3-
uncle-John and the persons who were working in the orphanage were
also staying there. Insofar as accused No.1-Christian is concerned, she
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specifically states about he used to call her in his room and whenever she
would not listen to him, she was threatened to be beaten. After she used
to enter the room of accused No.1-Christian, he used to remove her
clothes and commit forcible sexual intercourse with her. She claims that
such act was done with her frequently by Christian. She also claimed that
she had disclosed the said fact with other girls who also shared their
experience with her with regard to accused No.1. She then refers to
disclosure by one of the girls to the school teacher, who in turn, disclosed
the said fact to the principal and that is how Manisha Tulpule came into
picture. She further states about Manisha Tulpule coming to the
orphanage and taking the girls and boys along with her. She also claims
that she was referred to the hospital where her medical examination was
conducted. During the cross-examination, it was suggested that she did
not go through the contents of statement recorded under Section 164 of
the Cr.P.C. She, however, accepts the fact that in order to give the
statement, she was taken to the Court of JMFC. She denied that in the
previous statement of hers, she did not state the incident occurred with
her. It was suggested to this witness that she was finding orphanage as
her home and was liking to stay there as reflected in the writings. She
accepted the writings to be her own and to be correct. She also accepted
the fact that girls and boys used to be taken for watching movies and to
restaurants and that festivals were also celebrated in the orphanage. She
accepted that a school teacher had complained against her that she had
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stolen money from the school from the bag of classmate. Suggestion is
also made to the effect that she used to commit theft in the orphanage
too. She denied the suggestion made by the defense that she and S had
tutored M and A to speak against accused No.2-Joy.
23. Evidence of PW6-SAB indicates about the arrangement of
residence of the boys, girls, accused persons and others in the
orphanage. The said evidence is in tune with the evidence of PW5-K.
With regard to the allegations against accused No.1 of him committing
sexual assault on her. She gives details as to the manner in which the
acts were done by accused No.1. She candidly states about she being
shown porn video films and calling upon her to commit the act
accordingly. She also claims that on one occasion, she as well as victim
Z were simultaneously subjected to sexual intercourse by accused No.1-
Christian. She further claims that she and Z had told about the same to
accused No.3 who told them to wait for some time as that she was going
to send them back to their homes but she did not take any action. She
further states about the manner in which Manisha Tulpule came to know
about the harassment/sexual assault being caused by the accused
persons on the victims and also deposes about the medical examination
being conducted.
24. During her cross-examination, it is brought on record that
Manisha Tulpule had been to one function, wherein Shanti Ashram was
given a certificate to be a good ashram. She admits that visitors register is
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maintained and visitors used to visit the ashram. She also accepts about
she and other children being taken out for movies, at restaurants etc. and
that the birthdays of the children were celebrated. It was suggested to
this witness that victim Z had an affair with Bhagat and for this reason,
accused No.1 had scolded her. Witness, however, shows her ignorance
about any affair, however, it is accepted that accused No.1 had scolded
victim Z and removed Bhagat from work. It was also suggested to her in
the cross-examination that accused No.1 had wanted her to become an
air force officer and that the children used to be upset and irritated against
Christian as he had strict attitude. She also accepted that she did not like
Christian's interference in her life. She also admits that she accepted
before Christian that she had an affair with Vicky. She, however, denied
having any sexual relationship with the said Vicky.
25. There is evidence on record in the form of oral testimony of Dr.
Naik coupled with the medical papers indicating that Dr.Naik had clinically
examined the victim girls including PW5-K and PW6-SAB. Dr. Naik has
deposed about both these victims giving history of penetrative sexual
intercourse having being committed by accused No.1. In the clinical
examination, it was found that the hymen of these two witnesses was
ruptured. Medical Officer, on the basis of clinical examination and FSL
report has opined that the possibility of sexual assault on these two
witnesses is not ruled out. Perusal of the oral evidence of the victims
coupled with the medical evidence, indicates that they were subjected to
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sexual intercourse by accused No.1. Though during the cross-
examination, the defense has sought to bring it on record that these
witnesses have never complained of any such incident to number of
independent persons who used to be in contact with them such as the
tuition teachers, visitors, medical officers, doctors etc., however, it is
pertinent to note that even if it is accepted that all children are not
orphans, but as a matter of fact, they are kept in an orphanage which
indicates the need of these girls and boys to stay there and their
dependency upon the accused persons and their family. It would be,
therefore, practically impossible for these boys and girls to complain
against any harassment physical or sexual caused by accused to any
independent person.
26. In the cross-examination, when it was asked to PW6-SAB as
to any complaint being made to the visitors, she answered that when the
visitors would come, uncle i.e. father of accused Nos.1 and 2 and accused
persons would all be with them and as such, the children had no
opportunity to make complaint to the visitors. Similarly, from the cross-
examination of other witnesses, it is sought to be brought on record that
periodically there used to be medical examination of girls and boys by the
medical officers/doctors from Rotary Club. Medical register is also
maintained in this regard. Firstly, though it is brought on record that there
used to occur medical examination, however, there is nothing on record to
indicate as to the nature of medical examination whether general or for
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treatment of any disease etc. Most importantly, there is no evidence to
hold that medical examination was conducted in absence of accused.
Needless to say that when the accused persons are present before the
doctors visiting the orphanage, it would have been impossible for the girls
to complain about the same to the doctors.
27. Similarly, though the girls have accepted even of writing essays
indicating that they used to like to stay in the orphanage or that they were
taken for movies, restaurant or their birthdays being celebrated, that itself
will not be sufficient to accept that there was no incident of sexual assault
being caused on any of the girls. More particularly, when the girls were
dependent for food, clothing and shelter on the orphanage, which was run
by the accused persons, merely the fact that no complaint was made
earlier is not sufficient to discard their testimony. It is only after the girls
were taken away from the orphanage and were settled at another place,
they could complain about the sexual assault and other acts having been
done by the accused persons.
28. In order to hold that the victim girls are deposing falsely more
particularly against accused No.1 Christian, there has to be concrete
reason for them to do so. The defense has not been able to bring any
motive on the part of the victim girls to falsely implicate accused No.1 in
this crime. Few incidents are sought to be brought on record through the
cross-examination of the victims and it was sought to be suggested that
accused No.1 was strict with them and, therefore, this could become a
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reason for false implication of his in this crime. Most importantly, that
testimonies of the victims PW5 and PW6 get corroborated by the medical
evidence on record. Medical evidence is sufficient to show that they were
subjected to penetrative sexual assault. In view of Section 29 of the Act,
there is presumption of commission of offence, once core facts are proved
by prosecution and in that case, burden would be on accused to rebut the
said presumption. Neither by cross-examination nor by leading evidence
of defense witnesses, the presumption is rebutted by accused No.1.
29. There is further corroboration to the version of PW6 with
regard to she being shown pornographic videos by accused No.1.
Exhibit-60/C i.e. examination of report of the laptop of the accused which
is seized at the instance of accused No.1 shows that there were 8
pornographic video files found in the memory card. In case of a false
implication of accused No.1 there would not have been any corroborative
evidence in order to support the contention of witness No.6 who candidly
stated about she being shown pornographic videos by accused No.1.
Unless it was shown to her, she would not have known that accused No.1
in his laptop has any such video. This evidence, therefore, conclusively
proves the guilt of accused No.1 of he having sexual intercourse with
witness No.5-K and witness No.6-SAB.
30. Victim P - PW7 has stated about the sexual assault which is
non-penetrative in nature which is committed by accused No.1 -Christian.
Her previous statement before the medical officer is consistent. In such
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circumstances, this Court finds no reason to disbelieve her testimony in
this regard. However, insofar as the evidence of victim S - PW9, Victim N
- PW10, their previous statements does not support their contention and
substantive evidence before the Trial Court. This Court, therefore, is
unable to accept their testimonies in order to prove the acts of sexual
assault being caused upon them by accused No.1. The maxim of "falsus
in uno, falsus in omnibus" has no application in India. The evidence of a
witness cannot be discarded in totality, if some part thereof is not
acceptable. Thus, the evidence of the witnesses whose statements are
not found consistent in respect of a particular accused cannot be
completely ignored.
31. As far as accused No.2 is concerned, except for victim M -
PW11 and victim A -PW13, no other witness has claimed any act being
done by this accused against them. PW5-K has accepted that accused
No.2 did not do anything to her but she claims to have been informed
about such acts being done with another victim. This victim, however, has
not been examined before the Trial Court and, hence, the hearsay
evidence of PW5 to that extent is not sufficient to prove the said
allegations against accused No.2. It needs to be reminded that even
under the POCSO cases, the burden on the prosecution to prove the
charge against the accused beyond shadow of reasonable doubt is not
dispensed with and principles governing appreciation of evidence would
apply even to the case in hand with its complete rigor. As observed herein
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above, the Hon'ble Apex Court also expects the Courts to find
corroboration, in case, the evidence of victim is not wholly worthy of trust.
In this regard, the testimonies of PW11 and PW-13 before the Trial Court
though indicate the acts committed by accused No.2-Joy against them,
however, their previous statements are inconsistent with the said
testimonies. Evidence of Dr.Naik clearly shows that these two witnesses
never disclosed any act being committed by any of the accused to them.
In fact, no complaint was made and obviously there is no evidence at all
indicating any sexual assault being caused upon them. These witnesses
are younger to PW5 and PW6 and hence possibility of they being
influenced by version of PW5 and PW6, who are elder to them cannot be
ruled out. It is also necessary to note that PW6 to PW9, have deposed
about, they informing accused No.3-Salomi about acts done by accused
No.1. They do not make reference about any complaint against accused
No.2 being made to her. This Court, therefore, has no hesitation to hold
that the charges levelled against accused No.2-Joy are not proved
beyond shadow of reasonable doubt.
32. Insofar as the charge against accused No.3 Salomi is
concerned, according to the prosecution, victim girls complained to her
about the acts of sexual assault being caused on them by accused Nos.1
and 2 but she failed to report the said offence to the police. This accused,
therefore, is said to have committed offence under Section 19 of the Act
punishable under Section 21 thereof.
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33. The testimonies of PW6 to PW9 indicate about them
disclosing to her the acts done by accused No.1 to the girls, which
apparently are offences under the Act. However, instead of reporting the
same to the police, she simply told them that the girls would be sent back
to their homes after some time. In the cross-examination, nothing could be
elicited on behalf of this accused to discard the said evidence of
disclosure of the fact by these victims to accused No.3. According to
Section 21 of the Act, any person who fails to report the commission of an
offence under Sub-section (1) of Section 19 read with Section 21 of the
POCSO Act is liable to be punished with imprisonment for the description
which may extend to six months or with fine or with both.
34. The evidence on record demonstrates about the said
disclosure of the acts done by accused Nos.1 to accused No.3.
Admittedly, there is non-reporting of the said offence to the police, hence,
the conviction recorded against accused Nos.3 for the offence under
Section 19 read with 21 of the POCSO Act does not deserve interference.
Accused No.3 was member of the family who were running the said
orphanage and, therefore, it could be said that she was in charge of the
institution where the offence has been committed. Now question arises
as to the term of sentence to be handed over to this accused. The
learned Trial Judge punished accused No.3 by sentencing her to suffer
Rigorous Imprisonment for one year i.e. maximum punishment provided
under the Act.
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35. Accused No.3 is a lady. She is now aged over 50 years. She
has no criminal history behind her. She was in jail for the period from 12th
June 2015 to 21st August 2015. In the facts of the case, sentence already
undergone would be sufficient to meet ends of justice.
36. In view of above, the following order :
ORDER
1. Criminal Appeal No.261 of 2021 stands partly allowed.
2. The judgment of conviction recorded against accused No.1-
Christian Rajendran and sentence imposed on him, is
maintained.
3. Accused No.2-Joy Rajendran stands acquitted from all
charges. He be set free forthwith, if not required in any other
crime.
4. Criminal Appeal No.256 of 2021 stands partly allowed.
Though the conviction of accused No.3 is maintained, she is
sentenced to suffer imprisonment for the period, she was in jail
i.e. from 12th June 2015 to 21st August 2015.
37. In view of disposal of the appeal, Interim Application No.1914
of 2023 will not survive for consideration and the same stands
disposed of.
(R. M. JOSHI, J.)
