The Chhattisgarh High Court, in a significant judgment delivered on July 15, 2024, upheld the conviction and 20-year rigorous imprisonment sentence of Ashish Sendariya, also known as Bhundu, for sexually assaulting a 16-year-old mentally challenged girl. The bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, dismissed the criminal appeal (No. 722 of 2023) filed by the convict against the trial court’s verdict.
Background:
The case originated from an incident on August 16, 2021, in Raigarh district. The victim’s father filed a complaint stating that the accused had lured his mentally weak daughter to his house and raped her. Following investigation, charges were filed under Section 376(J) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Key Legal Issues:
1. Reliability of the victim’s testimony in sexual assault cases
2. Interpretation and application of POCSO Act provisions
3. Sentencing in cases involving sexual offenses against minors
Court’s Decision:
The High Court upheld the trial court’s conviction, emphasizing several crucial points:
1. Victim’s Testimony: The court reiterated that conviction can be based solely on the victim’s testimony if found reliable. Chief Justice Sinha noted, “If the Court deems such evidence credible and free from doubt, there is hardly any insistence on corroboration of that version”.
2. POCSO Act’s Stringent Nature: The bench highlighted the Act’s purpose in providing stringent punishments for child abuse. Quoting a Supreme Court judgment, the court stated, “When a penal provision uses the phraseology ‘shall not be less thanโฆ.’, the Courts cannot do offence to the Section and impose a lesser sentence”.
3. Impact on Victim: The court emphasized the long-lasting impact of such crimes on child victims. It observed, “The impact of the obnoxious act on the mind of the victim/child will be lifelong. The impact is bound to adversely affect the healthy growth of the victim”.
4. No Leniency: The judgment strongly asserted that no leniency should be shown in POCSO cases. The court quoted, “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 be shown”.
Also Read
The court carefully considered the victim’s testimony, medical evidence, and FSL reports before upholding the conviction. Mr. J.K. Gupta represented the appellant, while Mr. Sakib Ahmad appeared as the Panel Lawyer for the State.
