In a Significant judgment, the Chhattisgarh High Court has ruled that an accused cannot be exempted from liability on the grounds of mere insanity in cases involving special offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court emphasized that the doctrine to prove exceptions beyond a reasonable doubt must be sustained.
Background of the Case
The case, titled XYZ vs. State of Chhattisgarh (CRA No. 375 of 2024), involved the appellant XYZ, who was convicted by the Additional Sessions Judge, Fast Track Special Court (POCSO), Rajnandgaon, under Section 376AB of the Indian Penal Code (IPC) and Section 5(m) read with Section 6 of the POCSO Act. The appellant was sentenced to life imprisonment till natural death and fined Rs. 20,000, with an additional year of rigorous imprisonment in case of default.
Incident Overview
On November 5, 2020, the appellant allegedly raped a minor girl, aged six years, in his house. The victim’s aunt (PW-03) and other children witnessed the incident and reported it to the victim’s parents and the police. The appellant was subsequently arrested and charged under the relevant sections of the IPC and POCSO Act.
Legal Issues and Court’s Decision
1. Age of the Victim:
The court confirmed that the victim was a minor below the age of 12 years at the time of the incident, based on documentary evidence, including the birth certificate and testimonies from the victim’s family and medical professionals.
2. Plea of Insanity:
The appellant’s primary defense was insanity under Section 84 of the IPC. The court examined the evidence, including the testimony of psychiatrist Dr. A.S. Saraf (CW-1) and Jail Superintendent Akshay Singh Rajput (CW-2). Both witnesses confirmed that the appellant was of sound mind and capable of understanding the nature of his actions.
The court observed:
> “The appellant has the capacity to understand the seriousness of the charge imposed on him and his criminal responsibilities and also has a feeling of guilt.”
3. Evidence of Guilt:
The court found substantial evidence against the appellant, including the victim’s testimony, medical reports, and forensic evidence. The presence of semen on the victim’s and appellant’s clothing corroborated the victim’s account of the assault.
The court stated:
> “The prosecution has been successful in proving beyond reasonable doubt that the accused had raped and committed severe penetrative sexual assault on a minor girl below 12 years of age.”
Conclusion
The Chhattisgarh High Court upheld the trial court’s conviction and sentence, dismissing the appellant’s plea of insanity. The court reiterated the importance of proving exceptions beyond a reasonable doubt, especially in cases involving heinous crimes under the POCSO Act.
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Case Details
– Appellant: XYZ
– Respondent: State of Chhattisgarh, through Police Station Ambagarh Chowki, District Rajnandgaon
– Bench: Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput
– Lawyers: Mr. Pushpendra Kumar Patel for the appellant and Mr. Ranbir Singh Marhas, Additional Advocate General, for the respondent
