In a significant judgment of Pawan v/s State (NCT Of Delhi), an appellate court has dismissed an appeal, affirming the conviction of a man for the rape and kidnapping of a 13-year-old girl. The accused was found guilty under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, and sentenced to 20 years of rigorous imprisonment. The court's decision hinged on the reliability of the child victim's testimony and the strong presumption of guilt under Section 29 of the POCSO Act.
The case originated from an incident on December 1, 2017, where the victim, on her way to her grandmother's house, was forcibly taken by the accused, a former tenant of her grandmother. The victim alleged that the accused gagged her, took her to his new residence, and sexually assaulted her. After the assault, she managed to escape and call her father, who, along with other family members, apprehended the accused and took him to the police station.
The Prosecution's Case and the Defence's Counter:
During the trial, the prosecution presented a total of 15 witnesses, with the victim herself testifying as the primary witness. Her testimony, though delivered after a significant time gap, was found to be consistent and credible. The prosecution also relied on the forensic analysis report, which confirmed the presence of human semen and a mixed DNA profile (matching the victim and the accused) on her clothing and a handkerchief.
The accused, however, claimed false implication, citing a prior monetary dispute with the victim's father. He presented a plea of alibi, claiming to be elsewhere at the time of the incident to drop his wife and in-laws at a bus stand. The defence also pointed to inconsistencies, such as the absence of semen in the victim's vaginal swab and the non-examination of an eyewitness (a "Bhaiya") mentioned by the victim.
The Court's Analysis and Final Verdict:
The court carefully examined the arguments from both sides. It noted that the victim's testimony was straightforward and convincing. The court found that minor inconsistencies, such as those related to a precise timeline, were to be expected from a child witness, especially given the trauma and the time elapsed since the incident. The court emphasized that a child's testimony, if found to be reliable and not tutored, can be the sole basis for conviction.
Crucially, the court's decision was reinforced by the provisions of the POCSO Act. Section 29 of the Act establishes a strong legal presumption of guilt against the accused once the prosecution proves the foundational facts of the crime. The court held that the prosecution had successfully laid this foundation with the victim's consistent testimony and corroborating forensic evidence. The defence's claims of a monetary dispute and alibi were found to be unsubstantiated and were rightfully dismissed by the trial court.
The court's decision to dismiss the appeal and uphold the conviction serves as a strong reminder that the law is designed to protect children and that a trustworthy testimony, even with minor variations, is sufficient to secure justice in such heinous crimes.
Section 29, Protection of Children from Sexual Offences Act - 2012
Protection of Children from Sexual Offences Act, 2012
