The Supreme Court upheld a POCSO conviction after noting the minor victim’s visible fear upon seeing the unmasked accused in court. The Bench ruled that the child’s reaction strongly supported the prosecution’s case, while slightly reducing the sentence.
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NEW DELHI: The Supreme Court has upheld the conviction of an accused in a case under the Protection of Children from Sexual Offences (POCSO) Act, ruling that the visible fear displayed by the minor victim in court strongly supported the findings of the trial court as well as the High Court of Chhattisgarh. However, the Apex Court slightly reduced the sentence after taking into account the imprisonment already undergone.
A Bench of Justice Aravind Kumar and Justice N.V. Anjaria dismissed the appeal filed against the Chhattisgarh High Court judgment, which had affirmed the Special Judge’s conviction of the appellant. .
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Background of the Case
According to the prosecution, the appellant entered the house of the victim, a child aged between four and five years, while she was asleep. The child’s mother (PW-3) stated that she discovered the accused wearing only half-shorts and positioned near the legs of the child. Upon confrontation, he fled.
The mother noticed the child’s clothes displaced, and the minor complained of pain. A swift FIR was registered under Sections 376 and 376AB of the IPC and Sections 5 and 6 of the POCSO Act. Medical examination revealed redness in the genital area, though no external injuries were recorded.
The Special Judge later convicted the appellant under Section 9(m) read with Section 10 of the POCSO Act, awarding seven years of rigorous imprisonment. This conviction was later upheld by the High Court.
Supreme Court’s Observations
The Supreme Court reviewed the statements of PW-2 (father), PW-3 (mother), medical officers, and the court record of the child victim’s appearance. It found the parents’ testimonies consistent, reliable, and aligned with the medical evidence on record.
Even though the medical report did not confirm external injuries, it noted genital redness. The Court reiterated that “medical evidence will take a backseat where ocular evidence is consistent and cogent.” The Special Judge had documented that the child became frightened, cried, and refused to speak when she saw the unmasked accused. Proceedings had to be halted twice due to her distress.
The Supreme Court held that such behaviour was “a pointer in itself”, reflecting the trauma consistent with the child’s young age and the incident she reportedly endured.
Both the trial and High Court had concluded that the accused committed aggravated sexual assault on a child below 12 years. The Supreme Court found no error in the interpretation or appreciation of evidence. It also rejected the appellant’s argument that absence of penetration warranted acquittal, establishing that the evidence sufficiently proved aggravated sexual assault under Section 9(m).
The Supreme Court upheld the conviction but considered the fact that the appellant had already served approximately four years and five months in custody. Consequently, it reduced the sentence from seven years to six years of rigorous imprisonment. The fine and default sentence were left unchanged.
The appeal was partly allowed only concerning the reduction of the sentence, and all pending applications were disposed of.
Appearances:
Appellant: Advocate Varnika Gupta
Respondent: Advocate Ankita Sharma
Case Title:
Dinesh Kumar Jaldhari v. State of Chhattisgarh
CRIMINAL APPEAL NO. 4732 OF 2025
READ JUDGMENT
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