Vishwanath Soni vs State Of Chhattisgarh on 6 May, 2026

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    Chattisgarh High Court

    Vishwanath Soni vs State Of Chhattisgarh on 6 May, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                                                                          2026:CGHC:21095-DB
                                                                                             AFR
              Digitally
              signed by
              BABLU
    
    
                                      HIGH COURT OF CHHATTISGARH AT BILASPUR
    BABLU     RAJENDRA
    RAJENDRA  BHANARKAR
    BHANARKAR Date:
              2026.05.06
              18:50:17
              +0530
    
    
    
    
                                                   CRA No. 1814 of 2018
    
                           Vishwanath Soni S/o Ram Dayal Prasad Soni Aged About 55 Years R/o
                           Mayapur, Ambikapur, District- Surguja, Chhattisgarh., District : Surguja
                           (Ambikapur), Chhattisgarh
                                                                                       ... Appellant
                                                           versus
                           State Of Chhattisgarh Through Station House Officer, Police Station-
                           Ambikapur, District- Surguja, Chhattisgarh
                                                                                     ... Respondent

    For Appellant : Mr.Shakti Raj Sinha, Advocate
    For Respondent : Mr. Ashish Shukla, Additional Advocate
    General

    Hon’ble Shri Justice Ramesh Sinha, Chief Justice and
    Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge
    Judgment on Board
    Per Ramesh Sinha, CJ
    6/5/2026

    SPONSORED

    1. This criminal appeal arises out of the judgment of conviction and

    order of sentence dated 24.11.2018 passed by the Additional

    Sessions Judge (F.T.C.), Surguja (Ambikapur) in Special Sessions

    Case (POCSO) No.05/2016, whereby the appellant has been

    convicted for offence under Sections 377 of the Indian Penal
    2

    Code (hereinafter called as “IPC“) and Sections 5(l)/6, 5(m)/6 &

    5(n)/6 of the Protection of Children from Sexual Offences Act,

    2012 (hereinafter called as “POCSO Act“) and sentenced to

    undergo RI for ten years and fine of Rs.500/-, in default of

    payment of fine to further undergo SI for one month under Section

    377 of the IPC, imprisonment for life and fine of Rs.500/-, in

    default of payment of fine to further undergo SI for one month

    under Section 5(l)/6 of the POCSO Act, imprisonment for life and

    fine of Rs.500/-, in default of payment of fine to further undergo SI

    for one month under Section 5(m)/6 of the POCSO Act and

    imprisonment for life and fine of Rs.500/-, in default of payment of

    fine to further undergo SI for one month under Section 5(n)/6 of

    the POCSO Act.

    2. The prosecution story, in brief, is that on 13.01.2014, almost two

    years before the information date 17.12.2015, the victim (PW-9)

    was taken to his house in Khairbar by her stepfather/accused at

    about 11.00 A.M. by promising her to do some work for him. After

    taking her inside the house, he opened his pant and forcibly put

    his urine into her mouth and made her suck it. After tying her

    mouth with a cloth, he removed her underwear and started putting

    his urine into her urinary tract, which caused excessive bleeding

    and pain. Thereafter, the accused, by threatening the victim, took

    her to a secluded place and raped her. Then, after a few days, on

    09.12.2015, Manish Kushwaha (PW-6) of Child Line came to the

    school of the victim (PW-9) and told the victim and other children
    3

    that if anyone troubles them or does anything wrong to them, then

    tell him, they help everyone, then the victim (PW-9) told her friend

    Kalika Nagesia (PW-8) about the incident and gave it in writing to

    Nishi Madam. Thereafter, on 15.12.2015 at around 8.00 P.M., the

    accused / appellant took the victim to his house in Mayapur and

    was doing wrong things with her. At the same time, her brother

    Krishna Soni (PW-3) saw this and told Smt.Lalita Soni (PW-2)

    about the incident. Then the victim (PW-9) also told her mother

    Smt.Lalita Soni (PW-2) about the incident. When the mother of the

    victim (PW-9), Smt.Lalita Soni (PW-2) questioned the accused, he

    started threatening to kill her, due to which they did not report the

    matter. But Manish Kushwaha (PW-6) of Child Line had come to

    the school of the victim (PW-9) along with other people, to whom

    the victim (PW-9) told about the incident and went to Ambikapur

    police station along with her mother Smt.Lalita Soni (PW-2) and

    reported the matter.

    3. On 17.12.2015, when the victim lodged a report against the

    accused / appellant at Ambikapur Police Station, Assistant Sub-

    Inspector Smt.Pushpa Tirkey (PW-10) registered First Information

    Report (Ex.P-16) and recorded the statement of the victim as per

    her instructions. Thereafter, she sent a written complaint (Ex.P-19)

    to the Sub-Divisional Magistrate, Ambikapur, seeking permission

    for medical examination of the victim. She also sent a written

    complaint (Ex.P-1A) to the lady doctor, District Hospital for

    medical examination. On the production of lady constable Silbina
    4

    Kujur No.303, the sealed slide prepared by the doctor after

    examining the victim in the presence of witnesses was seized as

    per seizure memo (Ex.P-20).

    4. SDOP Pupalesh Kumar (PW-12) during the investigation on

    18.12.2015 on the instructions of the victim and witnesses

    prepared the spot map as Exs.P-3 and Ex.P-4 respectively. The

    statements of witnesses Smt. Lalita Soni (PW-2), Krishna Soni

    (PW-3), Manish Kushwaha (PW-6), Kalika Nagesia (PW-8), Smt.

    Mamta Pandey (PW-7), Jawarani, Rakhi Tiwari, Abha

    Chandravesh Singh, Aasma Dwivedi, Nishi Singh and Meena

    Sahu were recorded as per their statement. On 18.12.2015,

    memo Ex.P-21A was sent to the Medical Officer, District Hospital,

    Ambikapur for medical examination of the accused. For getting

    the medical examination of the victim (PW-9) done, consent of her

    and her mother was obtained vide Ex.P-2. The accused was

    produced before the witnesses in the arrest sheet Ex.P-22.

    According to Ex.P-22, he was arrested and information about the

    arrest was given to his family as per Ex.P-22A. On 21.12.2015, on

    sending memo Ex.P-11 to the Headmistress, Police Line School,

    Ambikapur regarding production of dakhil kharij register, on the

    production of Headmistress Smt. Mamta Pandey (PW-7), the

    attested copy of dakhil kharij register was seized in front of

    witnesses as per Ex.P-13C vide seizure memo Ex.P-12. For

    preparing the site plan of the incident, memo Ex.P-9 was sent to

    the Tehsildar, Ambikapur. For recording the statement of the victim
    5

    (PW-9) under Section 164 Cr.P.C., memo Ex.P-24 was sent to the

    Judicial Magistrate First Class, Ambikapur.

    5. On 04.01.2016, SDOP Pupalesh Kumar (PW-12) on the

    production of Headmistress Smt. Mamta Pandey (PW-7) seized a

    page of a register Ex.P-14 in front of witnesses as per seizure

    memo Ex.P-23. On the production of the same by Manish

    Kushwaha (PW-6) in front of witnesses, documents and work

    details related to the awareness program of Child Line 1098 in the

    school Article-A, document regarding grant of permission for open

    forum program Article-A-2, details of proceedings of the program

    conducted by Child Line on 09.12.2015 Article-A-3 and documents

    related to the program conducted by Child Line on 17.12.2015

    Article-A-4 and Article A-5 were seized as per seizure memo

    Ex.P- 10. On 13.01.2016, memo Ex.P-25 was sent to the District

    Hospital, Ambikapur through the Superintendent of Police,

    Surguja regarding the medical treatment of the victim. For getting

    the seized property chemically tested, draft Ex.P-26 was sent to

    Regional Forensic Science Laboratory, Ambikapur through

    Superintendent of Police, Surguja and receipt Ex.P-26 was

    obtained. The FSL report is Ex.P. 27. Thereafter, after completing

    the investigation in the case, a charge sheet was presented

    before the Central Filing Section, District and Sessions Court,

    Ambikapur, from where the Additional Sessions Judge (F.T.C.),

    Surguja (Ambikapur) received the case on transfer for trial.
    6

    6. The charges were framed against the accused / appellant by the

    learned Special Judge under Sections 376(2)(n), 377, 376(2)(f),

    376(2)(i), 323, 506B of the IPC and Sections 5(l) read with Section

    6, 5(m) read with Section 6 and 5(n) read with Section 6 of the

    POCSO Act, and were read and explained to him, he denied the

    charges and claimed trial.

    7. In order to establish the charge against the appellant, the

    prosecution examined as many as 12 witnesses and exhibited 27

    documents. The statement of the appellant under Section 313 of

    CrPC was also recorded in which he denied the material

    appearing against him. In his defence, the accused pleaded

    innocence and that he had been falsely implicated. In his defence,

    the defence witness, Smt.Chandraprabha Ambasht (DW-1), was

    examined.

    8. After appreciation of evidence available on record, learned trial

    Court has convicted and sentenced the appellant as mentioned in

    para 1 of the judgment. Hence, this appeal.

    9. Learned counsel for the appellant submits that the impugned

    judgment passed by learned Trial Court is wholly contrary to the

    facts, law, and circumstances of the present case and, therefore,

    is liable to be set aside. The findings recorded by the Trial Court

    are not only erroneous but also suffer from serious infirmities, as

    the same have been arrived at without proper appreciation of the

    evidence available on record. It is further submitted that learned
    7

    trial Court has failed to appreciate that the prosecution has utterly

    failed to prove the guilt of the appellant beyond all reasonable

    doubt. It is a settled principle of criminal jurisprudence that the

    burden lies heavily upon the prosecution to establish its case with

    cogent and reliable evidence. In the present case, the evidence

    led by the prosecution falls far short of this standard.

    10. Learned counsel submits that there was hardly any reliable and

    trustworthy evidence on record to warrant the conviction of the

    appellant under the relevant provisions of the IPC. Learned Trial

    Court, however, proceeded to convict the appellant without there

    being sufficient legal evidence, thereby rendering the conviction

    unsustainable in law. It is also contended that the prosecution has

    failed to establish the guilt of the appellant in a consistent and

    convincing manner. The case of the prosecution suffers from

    inherent contradictions, inconsistencies, and improbabilities,

    which have not been properly appreciated by learned trial Court.

    11. Learned counsel further submits that the statement of the victim

    suffers from material contradictions and infirmities, which go to the

    root of the matter. Such inconsistencies materially affect the

    credibility of the witness, and in absence of corroboration, the

    same ought not to have been relied upon for recording conviction.

    It is also submitted that the victim being a child witness, her

    testimony required careful scrutiny and cautious evaluation.

    Learned Trial Court failed to adopt the settled principles governing
    8

    appreciation of evidence of a child witness. In such

    circumstances, where the testimony is not wholly reliable and is

    riddled with inconsistencies, the appellant was entitled to the

    benefit of doubt, which has been wrongly denied. Learned counsel

    further submits that there is nothing on record except mere

    suspicion to connect the appellant with the alleged offence. The

    medical evidence, including the testimony of the prosecution

    witness doctor, does not conclusively support the prosecution

    case and rather creates doubt regarding the allegations. The

    medical report does not establish the occurrence of the alleged

    act in the manner stated by the prosecution, thereby weakening

    its case.

    12. It is also contended that an important prosecution witness has not

    supported the case of the prosecution, which further creates doubt

    regarding the veracity of the allegations. On the other hand, the

    defence has led evidence and produced documents which

    probabilize the innocence of the appellant and cast serious doubt

    on the prosecution story. These aspects have not been properly

    considered by learned Trial Court. Learned counsel submits that

    the entire case of the prosecution rests upon weak and unreliable

    testimonial evidence, which is insufficient to sustain a conviction.

    The possibility of false implication cannot be ruled out in the facts

    and circumstances of the case, and therefore, the appellant is

    entitled to acquittal. Learned counsel further submits that the

    testimony of the victim does not inspire confidence and cannot be
    9

    said to be of “sterling quality” so as to form the sole basis of

    conviction. It is a settled principle of law that while conviction can

    be based on the sole testimony of the victim, the same must be of

    unimpeachable character, wholly reliable, and free from material

    contradictions. In the present case, the statement of the victim

    suffers from significant inconsistencies, improvements, and

    infirmities, which go to the root of the prosecution story. The

    version put forth is neither consistent nor corroborated by the

    surrounding circumstances and medical evidence. Therefore, in

    absence of a credible and trustworthy testimony of sterling quality,

    it would be unsafe to sustain the conviction of the appellant solely

    on such doubtful evidence, and the appellant is entitled to benefit

    of doubt. In view of the aforesaid submissions, it is prayed that

    this Court may be pleased to allow the appeal, set aside the

    impugned judgment of conviction and order of sentence, and

    acquit the appellant of all charges.

    13. On the other hand, learned Additional Advocate General

    appearing for the respondent/State opposes the submissions

    made by learned counsel for the appellant and submits that the

    trial Court has rightly convicted and sentenced the appellant, in

    which no interference is called for by this Court.

    14. We have heard learned counsel for the parties, considered their

    rival submissions made herein-above and went through the

    records with utmost circumspection.

    10

    15. The first question for consideration before this Court would be,

    whether the Trial Court is rightly held that on the date of incident,

    the victim was minor?

    16. When a person is charged for offence punishable under the

    POCSO Act, or for rape punishable in the Indian Penal Code, the

    age of the victim is significant and essential ingredients to prove

    such charge and the gravity of the offence gets changed when the

    child is below 18 years, 12 years and more than 18 years. Section

    2(d) of the POCSO Act defines the “child” which means any

    person below the age of eighteen years.

    17. In the present case, the prosecution has seized dakhil-kharij

    register of the victim (Ex.P-13C), on which her date of birth is

    mentioned as 4.7.2006 and since defence has not challenged the

    documentary and oral evidence presented by the prosecution

    regarding the victim’s date of birth being 4.7.2006, it is established

    that at the time of the incident, the victim is a minor girl below 18

    years of age.

    18. The next question for consideration before us is whether the

    appellant has committed rape on minor victim ?

    19. Rape has been defined in Section 375 of the IPC as follows :

    “375. Rape.– A man is said to commit “rape” if
    he–

    (a) penetrates his penis, to any extent, into the
    vagina, mouth, urethra or anus of a woman or
    11

    makes her to do so with him or any other person;

    or

    (b) inserts, to any extent, any object or a part of
    the body, not being the penis, into the vagina, the
    urethra or anus of a woman or makes her to do
    so with him or any other person; or

    (c) manipulates any part of the body of a woman
    so as to cause penetration into the vagina,
    urethra, anus or any part of body of such woman
    or makes her to do so with him or any other
    person; or

    (d) applies his mouth to the vagina, anus,
    urethra of a woman or makes her to do so with
    him or any other person,

    under the circumstances falling under any of the
    following seven descriptions:

    First. Against her will.

    Secondly. Without her consent.

    Thirdly. With her consent, when her consent has
    been obtained by putting her or any person in
    whom she is interested, in fear of death or of
    hurt.

    Fourthly. With her consent, when the man knows
    that he is not her husband and that her consent
    is given because she believes that he is another
    man to whom she is or believes herself to be
    lawfully married.

    Fifthly. With her consent when, at the time of
    giving such consent, by reason of unsoundness
    12

    of mind or intoxication or the administration by
    him personally or through another of any
    stupefying or unwholesome substance, she is
    unable to understand the nature and
    consequences of that to which she gives
    consent.

    Sixthly. With or without her consent, when she is
    under eighteen years of age.

    Seventhly. When she is unable to communicate
    consent.

    Explanation 1. For the purposes of this section,
    “vagina” shall also include labia majora.

    Explanation 2. Consent means an unequivocal
    voluntary agreement when the woman by words,
    gestures or any form of verbal or non-verbal
    communication, communicates willingness to
    participate in the specific sexual act:

    Provided that a woman who does not
    physically resist to the act of penetration shall not
    by the reason only of that fact, be regarded as
    consenting to the sexual activity.

    Exception 1. A medical procedure or intervention
    shall not constitute rape.

    Exception 2. Sexual intercourse or sexual acts by
    a man with his own wife, the wife not being under
    fifteen years of age, is not rape.”

    20. The victim has been examined as PW-9. In para 1 of her

    deposition, the victim has stated that the incident occurred one

    year and six months ago. At that time, she was first studying at
    13

    Khairbar School and then studying in Class 4 at Police Line

    Ambikapur. After her father’s death, she lived with her mother and

    brother at her grandmother’s house in village Nagoi. After a few

    months, her mother, Lalita Soni, married the accused. After that,

    they lived happily with the accused for 15 days. After this,

    accused Vishwanath Soni started wrongdoing with her a little

    further from the school located near Chandni Chowk. Wrongdoing

    means the accused used to make her suck his panties after

    removing it and used to kiss every part of her body and if she did

    not do it then he used to beat her. When she used to say that she

    will tell the above to her mother then the accused used to say that

    he will either leave her mother or kill her. After that they used to do

    the same thing everyday. In another house of the accused which

    is built in Khairbar, the accused used to make her lie on top of him

    and after removing her and his panties he used to put her in the

    toilet place, this used to happen everyday and he used to beat her

    and did not let her go out of the house so that she do not tell

    anyone and he used to make her sweep, mop and wash utensils

    everyday. Even when he used to send her to school, he used to

    not let her meet anyone and had also instructed the madams to

    not meet anyone. After the holidays, he had told them not to let

    her go out, they will take her when they come.

    21. In para 3 of her deposition, the victim has stated that when she

    return from school, he would make him change her dress and

    beat her severely. If she did not know how to read English, he
    14

    would beat her with a bamboo stick. When her mother and brother

    rented a separate room, the accused would visit her there too.

    Even there, when her mother went to work, he would make her

    suck his penis. She told her mother about this at night, and she

    said she would tell him when he returned. After that, her mother

    remained silent when he arrived. For for two or three days, she

    told her, but she did nothing. After that, the accused called them

    from their rented house and kept her, her mother, and her brother

    in the house he had built in Khairbar. He would not let them go out

    there, and he would do the same thing there. Then, from Khairbar,

    they returned to the accused’s house in Chandni Chowk,

    Mayapur. From there, she would go to Police Line School for

    studies. Even there, the accused would make her remove her

    underwear and suck it.

    22. In para 4 of her deposition, the victim stated that she used to go to

    school for a long time. After that, Manish from Child Line came to

    the school and said, “Do not be afraid to tell him if any of the

    children are facing any problems. If anyone under 18 is out

    working, or if anyone in the family is doing something

    inappropriate with someone, tell him.” He also told him to call

    1098 and they would come pick her up. After two or three days of

    school, Manish Kushwaha Sir came to the middle school and left

    immediately, so she could not tell him anything. When he came to

    the Police Line School for a high school program, he was

    accompanied by a sister named Kusum. Gayatri Didi, who works
    15

    as a cook at the school, took her to that sister about the incident.

    After that, she told her about the incident.

    23. In para 12 of cross-examination, the victim has deposed that

    when she lived in Mayapur house, she was a fourth-grade student

    at the Police Lines School. Her school hours were from 7:30 A.M.

    to 3:00 P.M. This was in 2015. After fourth-grade, she spent half

    her schooling at her home in the Police Lines and then the rest of

    her studies at the Girls’ home. She has been living there since

    December, 2015. It might have been 16th or 17th. The accused

    lastly doing wrong things with her on 15th December and at his

    home and she told her mother. On that date, the accused

    removed his underwear and suck it and he did not do anything

    else that day. In para 15 of her cross-examination, the victim has

    denied that she did not listen to her mother and brother and got a

    false report written in the police station under the influence of the

    Child Line people.

    24. The victim (PW-9) in her 164 CrPC statement (Ex.P-7) has stated

    that father Vishwanath Soni used to take her to his other house on

    the pretext of work and would make her suck his penis and do it in

    and out. On asking the victim the meaning of in and out, the victim

    said that he would put his penis in and out from the place where

    she used to urinate. Her father used to do this in the new house

    as well and at the place where she live. Her father has been doing

    this with her for the last two years. Whenever her father saw her,
    16

    he would keep kissing her. Her father used to say that it would be

    more fun when she grow up. Her father used to say that if she tell

    anyone then he will kill her. In para 4 of her statement, she stated

    that her father used to insert his urinator and pass it through, she

    used to feel a lot of pain and when she tried to shout, he used to

    tie her mouth with a cloth and asked her whether she felt good or

    not. When she used to say that it did not feel good, he used to

    beat her with a stick. He used to tell her that he would not leave

    her until milk type discharge occurs. He used to tell her to grow up

    a bit. Whenever she bled, he would wipe it with a wet cloth and

    throw it away. He used to hold her breasts the whole day. When

    the victim was asked the meaning of milk, the victim placed her

    hand on her chest and pointed.

    25. Manish Kushwaha (PW-6) has stated in para 1 of his deposition

    that while he was posted at Child Line, whenever she received

    information through Child Line phone or other means about an

    orphan, victim, or missing child, he would present them before the

    Child Welfare Committee. In 2015, he conducted an awareness

    program at the same school where the victim studied, the Primary

    School Police Line. Subsequently, on 17.12.2015, he was

    conducting an open-air program next to the victim’s school.

    During that program, the school cook informed him that the victim

    wanted to meet him. That day, he was accompanied by Balrampur

    Child Line staff member Jawarani, whom he had sent to speak to

    the victim. When Jawarani returned after meeting the victim, she
    17

    told him that the victim had told her that she was being raped by

    her stepfather for the last one year and she did not want to go

    home. In para 4 of her cross-examination, he admitted that he did

    not provide any written information to Meera Shukla regarding the

    above incident. The witness voluntarily stated that he was

    informed verbally. He does not know how many people work at

    my organization. The witness voluntarily stated that he is aware of

    the number of people working at Child Line. He further admitted

    that on 9.12.2015, their organization organized a program at the

    Government Primary School, Police Lines. He also admitted that

    the victim also studied at the school on that date. He admitted that

    the victim did not tell him anything about the incident, nor did she

    meet him. He does not know whether the victim was present on

    that date. On 9.12.2015, he informed the children at Police Lines

    School that if any nomadic child, orphan, or child who is a victim

    of exploitation is in trouble, they can inform their organization’s

    toll-free number or directly. He also admitted that after the

    completion of the programme on 9.12.2015, their organisation had

    written the programme’s agenda and it also contained details of

    the number of children present and the topics they were told

    about.

    26. In the Indian society refusal to act on the testimony of the victim of

    sexual assault in the absence of corroboration as a rule, is adding

    insult to injury. A girl or a woman in the tradition bound non-

    permissive society of India would be extremely reluctant even to
    18

    admit that any incident which is likely to reflect on her chastity had

    ever occurred. She would be conscious of the danger of being

    ostracized by the society and when in the face of these factors the

    crime is brought to light, there is inbuilt assurance that the charge

    is genuine rather than fabricated. Just as a witness who has

    sustained an injury, which is not shown or believed to be self-

    inflicted, is the best witness in the sense that he is least likely to

    exculpate the real offender, the evidence of a victim of sex offence

    is entitled to great weight, absence of corroboration

    notwithstanding. A woman or a girl who is raped is not an

    accomplice. Corroboration is not the sine qua non for conviction in

    a rape case. The observations of Vivian Bose, J. in Rameshwar

    v. The State of Rajasthan (AIR 1952 SC 54) were:

    “The rule, which according to the cases has hardened
    into one of law, is not that corroboration is essential
    before there can be a conviction but that the necessity
    of corroboration, as a matter of prudence, except
    where the circumstances make it safe to dispense with
    it, must be present to the mind of the judge…”.

    27. A victim of a sex-offence cannot be put on par with an accomplice.

    She is in fact a victim of the crime. The Evidence Act nowhere

    says that her evidence cannot be accepted unless it is

    corroborated in material particulars. She is undoubtedly a

    competent witness under Section 118 and her evidence must

    receive the same weight as is attached to an injured in cases of

    physical violence. The same degree of care and caution must
    19

    attach in the evaluation of her evidence as in the case of an

    injured complainant or witness and no more. What is necessary is

    that the Court must be conscious of the fact that it is dealing with

    the evidence of a person who is interested in the outcome of the

    charge levelled by her. If the Court keeps this in mind and feels

    satisfied that it can act on the evidence of the victim. There is no

    rule of law or practice incorporated in the Indian Evidence Act,

    1872 (in short ‘Evidence Act‘) similar to illustration (b) to Section

    114 which requires it to look for corroboration. If for some reason

    the Court is hesitant to place implicit reliance on the testimony of

    the victim it may look for evidence which may lend assurance to

    her testimony short of corroboration required in the case of an

    accomplice. The nature of evidence required to lend assurance to

    the testimony of the victim must necessarily depend on the facts

    and circumstances of each case. But if a victim is an adult and of

    full understanding the Court is entitled to base a conviction on her

    evidence unless the same is own to be infirm and not trustworthy.

    If the totality of the circumstances appearing on the record of the

    case discloses that the victim does not have a strong motive to

    falsely involve the person charged, the Court should ordinarily

    have no hesitation in accepting her evidence.

    28. The Supreme Court in the matter of Ranjit Hazarika v. State of

    Assam, AIR 1998 SC 635 has held that the evidence of a victim

    of sexual assault stands almost on a par with the evidence of an

    injured witness and to an extent is even more reliable. It must not
    20

    be overlooked that a woman or a girl subjected to sexual assault

    is not an accomplice to the crime but is a victim of another

    person’s lust and it is improper and undesirable to test her

    evidence with a certain amount of suspicion, treating her as if she

    were an accomplice.

    29. The Supreme Court in the matter of Rai Sandeep @ Deenu v.

    State of NCT of Delhi, 2012 (8) SCC 21 held as under:-

    “22. In our considered opinion, the ‘sterling witness’
    should be of a very high quality and caliber 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 everyone of other supporting
    material such as the recoveries made, the weapons
    21

    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 similar such tests to be applied, it can 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 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.”

    30. The Supreme Court in the matter of Nawabuddin v. State of

    Uttarakhand, (2022) 5 SCC 419 has held as under:-

    “17. Keeping in mind the aforesaid objects and to
    achieve what has been provided under Article 15 and
    39 of the Constitution to protect children from the
    offences of sexual assault, sexual harassment, the
    POCSO Act, 2012 has been enacted. Any act of sexual
    assault or sexual harassment to the children should be
    viewed very seriously and all such offences of sexual
    assault, sexual harassment on the children have to be
    dealt with in a stringent manner and no leniency should
    22

    be shown to a person who has committed the offence
    under the POCSO Act. By awarding a suitable
    punishment commensurate with the act of sexual
    assault, sexual harassment, a message must be
    conveyed to the society at large that, if anybody
    commits any offence under the POCSO Act of sexual
    assault, sexual harassment or use of children for
    pornographic purposes they shall be punished suitably
    and no leniency shall be shown to them. Cases of
    sexual assault or sexual harassment on the children
    are instances of perverse lust for sex where even
    innocent children are not spared in pursuit of such
    debased sexual pleasure.

    18. Children are precious human resources of our
    country; they are the country’s future. The hope of
    tomorrow rests on them. But unfortunately, in our
    country, a girl child is in a very vulnerable position.
    There are different modes of her exploitation, including
    sexual assault and/or sexual abuse. In our view,
    exploitation of children in such a manner is a crime
    against humanity and the society. Therefore, the
    children and more particularly the girl child deserve full
    protection and need greater care and protection
    whether in the urban or rural areas.

    19. As observed and held by this Court in State of
    Rajasthan v. Om Prakash
    , (2002) 5 SCC 745,
    children need special care and protection and, in such
    cases, responsibility on the shoulders of the Courts is
    more onerous so as to provide proper legal protection
    to these children.
    In Nipun Saxena v. Union of India,
    (2019) 2 SCC 703, it is observed by this Court that a
    minor who is subjected to sexual abuse needs to be
    23

    protected even more than a major victim because a
    major victim being an adult may still be able to
    withstand the social ostracization and mental
    harassment meted out by society, but a minor victim
    will find it difficult to do so. Most crimes against minor
    victims are not even reported as very often, the
    perpetrator of the crime is a member of the family of
    the victim or a close friend. Therefore, the child needs
    extra protection. Therefore, no leniency can be shown
    to an accused who has committed the offences under
    the POCSO Act, 2012 and particularly when the same
    is proved by adequate evidence before a court of law.”

    31. On a careful and holistic appreciation of the entire evidence on

    record, this Court finds no merit in the present criminal appeal.

    The testimony of the victim (PW-9), when read in conjunction with

    her statement under Section 164 CrPC, reveals a consistent,

    cogent, and natural account of the incidents. Her deposition

    clearly establishes a continuous course of sexual abuse

    perpetrated by the accused, marked by threats, coercion, and

    physical violence. Despite a lengthy and searching cross-

    examination, no material contradiction or infirmity has been

    elicited which would shake the core of her version.

    32. The victim’s statements remain substantially consistent from the

    earliest point of disclosure to her deposition before the Court. The

    minor variations, if any, are trivial and do not affect the substratum

    of the prosecution case. Her conduct in initially withholding

    disclosure due to fear and subsequently revealing the abuse upon
    24

    gaining confidence through the intervention of Child Line

    personnel is both natural and in consonance with the behavioral

    pattern of child victims of sexual offences.

    33. The evidence of Manish Kushwaha (PW-6) further lends

    assurance to the prosecution case by establishing the

    circumstances under which the victim first disclosed the abuse.

    There is nothing on record to suggest any motive on the part of

    the victim to falsely implicate the accused, who was in a position

    of trust and authority as her stepfather.

    34. In light of the settled legal principles, the testimony of a victim of

    sexual assault, particularly a child, stands on a higher pedestal

    and does not require corroboration as a matter of law, provided it

    inspires confidence. In the present case, the victim’s evidence

    qualifies the test of a “sterling witness”. It is trustworthy,

    consistent, and withstands rigorous scrutiny. The surrounding

    circumstances and supporting evidence lend sufficient assurance

    to her version.

    35. Considering the totality of the facts and circumstances, this Court

    is satisfied that the prosecution has proved the guilt of the

    accused / appellant beyond reasonable doubt. The findings

    recorded by the Trial Court are well-reasoned and based on

    proper appreciation of evidence, warranting no interference.

    36. In the result, this Court comes to the conclusion that the

    prosecution has succeeded in proving its case beyond all
    25

    reasonable doubts against the appellant. The conviction and

    sentence as awarded by the Special Judge to the appellant is

    hereby upheld. The present criminal appeal lacks merit and is

    accordingly dismissed.

    37. The appellant is on bail. His bail bonds are cancelled and sureties

    discharged. He shall surrender within four weeks from today

    before the concerned trial Court for serving remaining sentence

    as awarded by the Trial Court, failing which he shall be taken into

    custody by the Trial Court and sent to jail.

    38. Registry is directed to send a certified copy of this judgment along

    with the original record of the case to the trial court concerned

    forthwith for necessary information and compliance and also send

    a copy of this judgment to the concerned Superintendent of Jail

    where the appellant is undergoing his jail sentence to serve the

    same on the appellant informing him that he is at liberty to assail

    the present judgment passed by this Court by preferring an

    appeal before the Hon’ble Supreme Court, if so advised, with the

    assistance of High Court Legal Services Committee or the

    Supreme Court Legal Services Committee.

                              Sd/-                                 Sd/-
    
                     (Ravindra Kumar Agrawal)                 (Ramesh Sinha)
                           Judge                               Chief Justice
    
    
    
    
    Bablu
                                           26
    
                                  HEAD-NOTE
    
    

    The testimony of the minor victim, if found cogent, consistent, and

    trustworthy, is sufficient to form the basis of conviction without the need

    for independent corroboration. Where the evidence withstands

    cross-examination and inspires confidence, it must be accorded full

    evidentiary value.



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