Simplified Explanation of the Judgment:
The Patna High Court recently upheld the conviction of three individuals who were sentenced to life imprisonment for the gang rape of a minor girl under Section 376 of IPC and Section 6 of the POCSO Act. The case pertains to an incident from August 2015 when the minor victim, while grazing goats near a canal in Bihta, Patna, was assaulted by three accused: Kamlesh @ Jalebi, Saryug Chaudhary, and Vinay Kumar.
According to the victim's testimony, two of the accused initially offered to help her retrieve a stray goat, but then overpowered and raped her. They also called a third man who subsequently raped her as well. The act was witnessed by a villager, which led to the accused fleeing the scene. The victim, in a semi-conscious and distressed state, returned home and was later taken to the police and then to PMCH for treatment.
The trial court relied heavily on the consistent and credible testimony of the minor victim, supported by medical evidence, the identification of the accused in a TIP (Test Identification Parade), and corroboration by a witness who was present during the incident. Despite the defense's attempts to discredit the investigation and medical reporting, the court found the evidence sufficient for conviction.
What is the significance or implication of the judgement? This ruling reinforces the judicial system's zero-tolerance stance on sexual offences against minors. It emphasizes the evidentiary value of a victim's testimony in sexual assault cases, particularly under the POCSO Act, and underlines the need for due diligence in forensic and testimonial corroboration. It also provides reassurance to victims and society that such crimes will be met with strict legal consequences.
Legal Issue(s) Decided and the decision of the court:
Whether the testimony of the minor victim was credible and sufficient for conviction? ✓ Yes
Whether the procedural lapses affected the merits of the case? ✓ No
Whether the victim was a minor and the offence qualifies under Section 6 of the POCSO Act? ✓ Yes
Whether life imprisonment was a just punishment? ✓ Yes
Judgments Referred by Parties:
P. Yuvaprakash vs. State (AIR 2023 SC 3525)
Krishan Kumar Malik vs. State of Haryana (2011) 7 SCC 130
Judgments Relied Upon or cited by the Court:
Medical Jurisprudence by Parekh on importance of victim's testimony in rape cases.
Case Title: Vinay Kumar vs. State of Bihar (with Sarju Chaudhary and Kamlesh @ Jalebi vs. State of Bihar)
Case Number: CRIMINAL APPEAL (DB) No.1268 of 2018, 1327 of 2018, 120 of 2021
Citation(s): 2024(4)PLJR 533
Coram and Names of Judges: Hon'ble Mr. Justice Rajeev Ranjan Prasad Hon'ble Mr. Justice Shailendra Singh
Names of advocates who appeared in the case and on whose behalf:
Mr. Ramakant Sharma, Sr. Advocate (for Vinay Kumar)
Mr. Vijay Kumar Sinha and others (for Sarju Chaudhary)
Mr. Pratik Mishra, Amicus Curiae (for Kamlesh)
Ms. Shashi Bala Verma, Mr. Abhimanyu Sharma, Mr. Ajay Mishra, Addl. PPs (for the State)
Link to the Judgment:
https://patnahighcourt.gov.in/viewjudgment/NSMxMjY4IzIwMTgjMSNO-Pkzk25FfZjY=
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