The Madhya Pradesh High Court recently affirmed the conviction of an individual under the Protection of Children from Sexual Offences Act (POCSO Act), emphasizing that his actions demonstrated a sexual intent. In a ruling delivered by Justice Prem Narayan Singh, it was clarified that any prosecution under the POCSO Act requires proof of a culpable mental state on the part of the accused, which is presumed by the special court in such cases.
Regarding the question of sexual intent, it was noted that the appellant, who was 22 years old at the time of the incident, had forcibly pulled the clothes of the victim and placed his hand on her shoulder. The Court determined that this conduct clearly indicated a sexual motive on the part of the appellant.
As a result, the Court upheld the appellant's conviction under Section 354 of the Indian Penal Code (IPC) for outraging modesty, as well as Section 7/8 of the POCSO Act. The sentence of three years' imprisonment along with a fine of ₹4,000 was also upheld.
The case revolved around the prosecution's assertion that the victim, a 9th-grade student, was accosted by the appellant while returning from her relative's house. The appellant grabbed her hand with malicious intent, pulled her clothing, and fled the scene after making threats when she raised an alarm, with her uncle Manish arriving during the incident.
After a thorough investigation and trial, the appellant was found guilty by the trial court, resulting in the imposed sentence. The appellant subsequently appealed to the High Court.
The appellant's counsel argued that the age of the victim had not been properly examined and that there was no evidence of sexual assault by the appellant.
After a comprehensive review of all available evidence, the High Court noted that the victim's statement was corroborated by a witness, Manish, and aligned with the details outlined in the first information report (FIR). Furthermore, a medical examination of the victim revealed an abrasion on the upper part of her left hand.
In addressing the age of the victim, the Court referred to the scholar register and concluded that she was below 15 years of age at the time of the incident, meeting the definition of a 'child.'
While acknowledging minor discrepancies in the testimonies of the victim and other witnesses, the Court emphasized that such variations should not undermine the credibility of their accounts. The Court stressed the significant weight accorded to the testimony of an injured witness in criminal jurisprudence, particularly in cases of molestation or sexual assault.
In light of the above considerations, the High Court upheld the appellant's conviction and sentence. Advocate Salil Ekadi represented the appellant-accused, while Advocate Anendr Singh Parihar represented the State.
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TAGS: Madhya Pradesh High Court POCSO Act Sexual Intent Conviction Outraging Modesty
