Credible child testimony sufficient for conviction in Pocso cases: CG HC

Raipur: The Chhattisgarh high court has underscored that in cases of sexual assault on minors, the testimony of the victim, if found credible and trustworthy, is sufficient to sustain conviction even without medical corroboration or visible injuries. While affirming the conviction of an accused in a case involving the rape of a six-year-old girl in a portacabin ashram in Sukma district, a division bench headed by Chief Justice Ramesh Sinha on April 15 observed that courts must not be swayed by the absence of physical injuries or minor inconsistencies in the survivor's statement. It stressed that such factors do not dilute the evidentiary value of a consistent and cogent account given by the child survivor. Portacabin ashrams operate as residential schools in Maoist-hit areas of Chhattisgarh, aimed at providing education to tribal children in a safe environment. These facilities are often located near police camps. The court highlighted that in offences of this nature, particularly involving children, even slight penetration or an attempt thereof may not result in visible injuries, and delay in medical examination can further reduce the chances of detecting such signs. Therefore, lack of medical evidence cannot be treated as determinative where the survivor's testimony inspires confidence. Emphasising the legal position, the bench observed that a survivor of sexual assault "stands on a higher pedestal than an injured witness", and her evidence can be relied upon without corroboration unless there are compelling reasons to doubt it. The court cautioned against adopting a hyper-technical approach in appreciating evidence, noting that minor discrepancies are natural and do not affect the core of the prosecution case. The incident occurred during the night of July 22, 2023. The survivor, then aged 6 years and 10 months, was residing at a portacabin hostel in Errabore. She disclosed the incident to her mother immediately after it occurred. The police registered the case under IPC and Pocso Act proivisions. The authorities arrested the accused on July 27, 2023. The trial court had originally sentenced the accused to life imprisonment till natural death for the Pocso offence. During the appeal, the high court evaluated the sentencing principles established by the Supreme Court, focusing on the balance between retributive justice and the capacity for reformation. The bench concluded that a 20-year rigorous imprisonment term satisfies the ends of justice. The court directed that the convict must serve the modified sentence, with the benefit of a set-off for the time already spent in custody during the investigation and trial. All sentences are set to run concurrently. The court observed that the consistent testimony of the victim, corroborated by her mother's immediate disclosure and supported by medical findings such as a bite mark, firmly established the prosecution case. Significantly, the court observed that rape is not merely a physical assault but a grave violation that leaves an "incurable dent" in the victim's personal sovereignty and dignity. It called for a sensitive, survivor-centric approach while dealing with such cases, especially those involving children.