In a significant ruling, the Gauhati High Court upheld the conviction of Budul Das, accused of sexually assaulting a minor under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The High Court, presided by Justice Malasri Nandi, affirmed the seven-year rigorous imprisonment and fine imposed by the Special Judge, Hailakandi, in the case Special (POCSO T-1) Case No. 04/2017.
Background of the Case
The case originates from an incident on May 1, 2017, in which Budul Das, the appellant, was accused of luring a four-year-old girl into his house and attempting to sexually assault her. The girl’s father lodged an FIR on May 3, 2017, leading to the registration of Ramnathpur PS Case No. 115/2017 under Section 4 of the POCSO Act. According to the FIR, the girl’s mother discovered the appellant and her daughter in a naked state, leading to a swift investigation and subsequent trial.
Key Legal Issues and Arguments
1. Victim’s Age Verification: One of the primary arguments presented by the appellant, represented by Amicus Curiae Ms. D. Saikia, was the failure of the trial court to properly ascertain the age of the victim. The defense argued that the absence of a birth certificate, school certificate, or ossification test rendered the age determination under the POCSO Act inadequate. However, the court found consistent testimony from the victim’s parents and medical examination indicating the victim was around five to six years old at the time of the incident.
2. Competency of the Child Witness: The defense further contended that the trial court did not adequately assess the competency of the minor witness before recording her testimony. They argued that the questions posed by the trial judge were insufficient to establish the child’s ability to provide rational answers. Despite this, the High Court concluded that the trial court had appropriately assessed the child’s competency and that her testimony was reliable.
3. Credibility of the Victim’s Testimony: The defense highlighted discrepancies in the medical evidence, noting the absence of physical injury to the victim’s private parts as per the medical report. However, the High Court emphasized that in cases of sexual offenses, the victim’s testimony, if credible and consistent, could suffice for conviction even in the absence of corroborative medical evidence.
Court’s Observations and Decision
In its detailed judgment, the Gauhati High Court made several key observations:
– On Age Determination: The court held that the consistent testimony regarding the victim’s age from multiple witnesses, including the victim’s parents and the medical officer, sufficiently established the victim’s age under the POCSO Act. The lack of cross-examination on this point further solidified the prosecution’s case.
– On Victim’s Testimony: The court reiterated the principle that a child victim’s testimony, if found credible, requires no further corroboration. The victim’s testimony was deemed consistent and credible, with the court noting that the victim had clearly identified the appellant and described the assault.
– On Delay in FIR and Medical Evidence: The court acknowledged the delay in lodging the FIR but ruled that it did not significantly affect the case’s outcome, given the gravity of the offense and the credible testimony of the victim. The court also dismissed the defense’s reliance on the absence of medical evidence, citing established legal precedents where ocular evidence prevails over medical evidence in sexual assault cases.
Also Read
Case Details:
– Case Title: Budul Das v. State of Assam
– Case Number: CRL.A(J)/28/2019
– Trial Court Case: Special (POCSO T-1) Case No. 04/2017
– Bench: Justice Malasri Nandi
Lawyers:
– For the Appellant: Ms. D. Saikia and Ms. S. Kanungoe, Amicus Curiae
– For the Respondent (State of Assam): Mr. B. Sharma, Additional Public Prosecutor
