Chhattisgarh high court upholds life sentence for 75-year-old in Pocso case
RAIPUR: The Chhattisgarh high court has sustained a life sentence of rigorous imprisonment given to a 75-year-old man by a Fast Track Special Court, POCSO, for raping an 11-year-old girl in 2021.
The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, stated, "When considering the evidence of a victim subjected to a sexual offence, the Court does not necessarily demand an almost accurate account of the incident. Instead, the emphasis is on allowing the victim to provide her version based on her recollection of events, to the extent reasonably possible for her to recollect."
The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, stated, "When considering the evidence of a victim subjected to a sexual offence, the Court does not necessarily demand an almost accurate account of the incident. Instead, the emphasis is on allowing the victim to provide her version based on her recollection of events, to the extent reasonably possible for her to recollect."
The incident occurred on March 19, 2021, involving a minor girl who was 10 years, 7 months, and 29 days old. The victim's father lodged a complaint stating that the accused had confined his daughter and committed penetrative sexual assault.
The accused challenged the verdict under Section 374(2) of the CrPC, contesting the judgment dated January 17, 2022, by the Additional Sessions Judge (F.T.S.C.) (POCSO) Rajnandgaon.
The trial court had imposed multiple sentences: one year rigorous imprisonment under Section 342 of the IPC, three years under Section 506 Part II, and life imprisonment with a Rs.2,000 fine under Section 6 of the POCSO Act, with an additional year's imprisonment if the fine remained unpaid.
The high court highlighted that in sexual assault cases, the victim's sole testimony could warrant conviction if deemed trustworthy. The court verified the victim's age through birth certificates and school documentation, confirming she was under 12 years when the offence occurred.
Considering the victim's age, the court confirmed Section 6 of the POCSO Act's application, which mandates strict punishment for aggravated penetrative sexual assault. The court rejected the appellant's claims about evidence inconsistencies and insufficient medical proof, citing Supreme Court precedents that stress severe penalties in POCSO cases and child victim protection.
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