On 14th October 2020 the Supreme Court of India in the case of Ganesan V. State Represented by its Inspector of Police comprising of a three-judge Bench of Justice Ashok Bhushan, Justice R. Subhash Reddy, Justice M.R. Shah held 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.
Factual Background
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Madras, the appellant – original accused has preferred the present appeal.
The appellant herein – original accused was tried by the learned Fast Track Mahila Court, for the offences punishable under Section 7 read with Section 8 of the Protection Children from Sexual Offences Act, 2012 That relying upon the deposition of PW3 – victim, who at the relevant time was studying in 5th standard and aged 13 years, convicted the accused for the offence under Section 7 of the POCSO Act and sentenced him to undergo three years rigorous imprisonment, which is the minimum sentence provided under Section 8 of the POCSO Act. The learned trial Court also passed an order to pay rupees one lakh to the victim girl, by way of compensation, under Rule 7(2) of the Protection of Children from Sexual Offences Rules, 2012.
Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentenced passed by the learned trial Court, the accused preferred appeal before the High Court. The High Court noted that there was no representation on behalf of the appellant and therefore by order directed to remove the name of the appellant’s counsel and further directed the High Court Legal Aid Committee to appoint Legal Aid Counsel for the appellant. The appeal was listed for further. The learned Legal Aid Counsel appearing for the appellant made only submission with respect to compensation of rupees one lakh awarded by the learned trial Court awarded to the victim girl under Rule 7(2) of the Protection of Children from Sexual Offences Rules, 2012. It was submitted on behalf of the accused that he is unable to pay the compensation of rupees one lakh to the victim girl and pleaded leniency and requested to set aside the order of compensation awarded by the learned trial Court. That by the impugned judgment and order, the High Court partly allowed the said appeal and modified the judgment and order passed by the learned trial Court with respect to compensation only and modified the said order to the effect that compensation amount shall be paid by the State to the victim girl and thereafter if the State finds that the accused has got sufficient means, the same can be recovered from the accused under the Revenue Recovery Act. The High Court dismissed the appeal so far as the conviction and imposition of sentence of three years rigorous imprisonment is concerned.
Submissions on behalf of the Appellant
Learned counsel appearing on behalf of the appellant has vehemently submitted that no sufficient opportunity was given to the accused before passing the impugned judgment and order. It is submitted that the High Court has passed the order providing the services of Legal Aid Counsel to represent the case of the appellant and thereafter the learned Legal Aid Counsel was heard, i.e., within a period of four days only and without considering the appeal on merits the impugned judgment and order has been passed. It is submitted that it was very short time for the Legal Aid Counsel to receive the papers from the Registry and inspect the original documents. It is further submitted that as observed by this Court in the case of Anokhilal v. State of Madhya Pradesh AIR 2020 SC 232 that failure to afford hearing to the accused violates even minimum standards of due process of law. It is submitted that it is further observed that the legal services provided to the accused should be meaningful and not am empty formality.
Submissions on behalf of the respondent
The present appeal is vehemently opposed by Shri Yogesh Kanna, learned Advocate appearing on behalf of the respondent State. It is submitted that merely because the appeal was disposed of within four days from the date of providing legal assistance to the accused, it cannot be presumed that no fair and sufficient opportunity was given to the accused to defend the case. It is submitted that it cannot be presumed that the legal aid counsel was not having any material and no papers with him. It is submitted that from the impugned order it appears that the legal aid counsel made only one submission with respect to compensation and in fact the same has been considered in favour of the accused by modifying the judgment and order passed by the learned trial Court.
Court Analysis
On evaluating the deposition of PW3 – victim on the touchstone of the law laid down by this Court in the aforesaid decisions, we are of the opinion that the sole testimony of the PW3 – victim is absolutely trustworthy and unblemished and her evidence is of sterling quality.
Therefore, in the facts and circumstances of the case, the learned trial Court has not committed any error in convicting the accused, relying upon the deposition of PW3 – victim. The learned trial Court has imposed the minimum sentence provided under Section 8 of the POCSO Act. Therefore, the learned trial Court has already shown the leniency. At this stage, it is required to be noted that allegations against the accused which are proved from the deposition of PW3 are very serious, which cannot be permitted in the civilized society. Therefore, considering the object and purpose of POCSO Act and considering the evidence on record, the High Court has rightly convicted the accused for the offence under Section 7 of the POCSO Act and has rightly sentenced the accused to undergo three years R.I. which is the minimum sentence provided under Section 8 of the POCSO Act.
Now so far as the amount of compensation awarded by the learned trial Court is concerned, the High Court has modified the same and has directed the State to pay the compensation to the victim and thereafter to recover the same from the accused under the provisions of the land revenue, if it finds that the accused has sufficient means. It is the case on behalf of the accused that the accused is very poor and has no property. If that be so, he is not to worry. The aforesaid has been taken care by the High Court by modifying the judgment and order passed by the learned trial Court.
Now so far as the reliance placed upon the decision of this Court in the case of Vinod Kumar (supra) and the reliance placed upon Order 41 Rule 31 CPC is concerned, as we ourselves have heard the appeal on merits and considering the fact that out of three years R.I., the appellant has already undergone two years and three months (approximately), the said decision shall not be of any assistance to the accused.
Judgment
In view of the above and for the reasons given above, the present appeal deserves to be dismissed and was accordingly dismissed.
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