The Sikkim High Court recently upheld a conviction under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), reinforcing that a minor victim’s testimony, if found truthful, is sufficient for conviction even without corroborative evidence. The judgment underscores the judiciary’s cautious approach in evaluating minor victims’ statements while rejecting attempts to discredit them based on minor inconsistencies or procedural irregularities.
Background & Facts
The Dispute
The appellant, Saroj Pradhan, was convicted by the Special Judge (POCSO Act) at Gangtok for aggravated sexual assault under Section 9(m) of the POCSO Act against a minor victim aged 10 years. The victim alleged that on 27.03.2021, the appellant, her tuition teacher, forcibly kissed her on the lips and touched her chest underneath her clothes while she was at his residence for tuition.
Key Facts
- The victim disclosed the incident to her mother (P.W.9) on the same day, who subsequently informed her husband (P.W.2), a Head Constable.
- The victim’s father lodged an FIR (Exhibit-1) on 27.03.2021.
- The victim’s statement was recorded on 14.09.2021, where she consistently deposed about the assault.
- The victim’s age was confirmed as 10 years through her birth certificate (Exhibit-3) and testimony of school authorities.
- The landlord’s wife (P.W.8) corroborated the victim’s presence at the appellant’s residence on the day of the incident.
- The medical examination (Exhibit-9) conducted on the same day did not reveal swelling on the victim’s lips, though her mother claimed otherwise during cross-examination.
Procedural History
- 27.03.2021: FIR lodged by the victim’s father (P.W.2) under Section 10 of the POCSO Act.
- 14.09.2021: Victim’s deposition recorded.
- 17.08.2023: Special Judge convicted the appellant under Section 10 of the POCSO Act and sentenced him to 5 years imprisonment with a fine of Rs. 5,000. In default of payment, an additional 2 months of simple imprisonment was ordered.
- Interim compensation of Rs. 30,000 was granted to the victim, with an additional Rs. 20,000 as final compensation.
- Present Appeal: Filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the conviction and sentence.
Relief Sought
The appellant sought acquittal on grounds of:
- Alleged tutoring of the victim’s statement due to the victim’s father’s position as a Head Constable.
- Inconsistencies in the victim’s testimony and medical evidence.
- Lack of corroborative evidence supporting the victim’s allegations.
The Legal Issue
The central question was whether a minor victim’s testimony, without corroborative evidence, is sufficient to sustain a conviction under Section 10 of the POCSO Act, particularly when the victim’s credibility is challenged on grounds of tutoring or exaggeration.
Arguments Presented
For the Appellant
- Credibility of Investigation: Argued that the victim’s father, being a Head Constable, could have influenced the investigation, casting doubt on the victim’s testimony.
- Inconsistencies in Testimony: Highlighted embellishments in the victim’s statement and improvements in the statements of the victim’s parents.
- Medical Evidence: Pointed out that the medical report (Exhibit-9) did not corroborate the victim’s mother’s claim of swelling on the victim’s lips.
- Motive: Suggested that the victim fabricated the story to avoid attending tuition classes.
For the Respondent
- Victim’s Consistency: Emphasized that the victim’s statement remained consistent throughout, both in the FIR and her deposition.
- Presence of Appellant: Relied on the testimony of the landlord’s wife (P.W.8) to confirm the appellant’s presence with the victim at the time of the incident.
- Minor Discrepancies: Argued that minor inconsistencies in the victim’s mother’s testimony should not overshadow the core truthfulness of the victim’s account.
- Age Confirmation: Highlighted that the victim’s age was conclusively proven to be below 12 years, bringing the offence under Section 9(m) of the POCSO Act.
The Court's Analysis
The Court meticulously examined the victim’s testimony and the surrounding circumstances to assess its truthfulness. Key observations included:
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Victim’s Testimony: The victim’s deposition was found to be consistent with the allegations in the FIR. During cross-examination, she denied suggestions that the appellant kissed her out of affection, reinforcing the assault narrative.
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Credibility of Witnesses: The Court noted that while the victim’s mother (P.W.9) claimed the victim’s lips were swollen, the medical report did not support this. However, the Court dismissed this as a minor embellishment that did not undermine the core of the prosecution’s case.
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Legal Principles: The Court reiterated that corroboration of a minor victim’s statement is not a rule but a matter of caution. The victim’s testimony was given significant weight, especially considering the nature of the offence and the victim’s age.
"In sexual offences one rarely finds evidence of eye witnesses. Statement of minor victim has to be cautiously examined by the Court. Corroboration of a minor victim’s statement is not a rule. The Court however, examines the surrounding circumstances and the evidence available to assure itself that the victim’s statement is truthful."
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Definition of Sexual Assault: The Court held that the appellant’s actions squarely fell within the definition of sexual assault under Section 7 of the POCSO Act and aggravated sexual assault under Section 9(m) due to the victim’s age being below 12 years.
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Sentencing: The Court upheld the Special Judge’s sentence of 5 years imprisonment with a fine of Rs. 5,000, noting that the minimum punishment under Section 10 of the POCSO Act had been imposed.
The Verdict
The Sikkim High Court dismissed the appeal and upheld the conviction and sentence imposed by the Special Judge. The appellant was directed to serve 5 years imprisonment under Section 10 of the POCSO Act and pay a fine of Rs. 5,000. In default of payment, he would undergo an additional 2 months of simple imprisonment. The Court also affirmed the compensation awarded to the victim, totaling Rs. 50,000 (Rs. 30,000 interim and Rs. 20,000 final).
What This Means For Similar Cases
Victim’s Testimony Suffices Without Corroboration
- Courts will prioritize the truthfulness of a minor victim’s testimony over minor inconsistencies or procedural irregularities.
- The absence of corroborative evidence, such as medical reports, will not automatically discredit the victim’s account if the testimony is found reliable.
Caution Against Tutoring Allegations
- Allegations of tutoring must be substantiated with concrete evidence. Mere suggestions or insinuations, especially when the victim’s testimony withstands cross-examination, will not suffice to overturn a conviction.
- The Court will scrutinize the victim’s demeanor and consistency during cross-examination to assess credibility.
Aggravated Sexual Assault on Minors Below 12 Years
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Offences involving victims below 12 years will attract Section 9(m) of the POCSO Act, classifying them as aggravated sexual assault.
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Practitioners must ensure that charges are framed appropriately to reflect the victim’s age and the nature of the offence.
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Practitioners should note that the Court may overlook minor discrepancies in witness statements if the core allegations are consistent and truthful.
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Prosecution must focus on establishing the victim’s age and the nature of the assault to invoke Section 9(m).
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Defence strategies challenging victim credibility must be backed by strong evidence, as mere suggestions or procedural irregularities may not succeed.
