Bombay High Court: The appeal was filed by appellant-convict challenging his conviction for offence under Section 9(m) punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO”); under Section 8 of POCSO and Sections 3541 and 354-A2 of the Penal Code, 1860 (“IPC”), through an order of conviction and sentence passed by the Extra Joint Additional Sessions Judge, Wardha (“Trial Court”). G.A. Sanap*, J., found that the convict failed to establish the defence of a false implication by establishing a probability of enmity between him and the family of the victim. The Court also viewed that in the cases of sexual offences involving girls, the parents of such girl victim would not jeopardise the future of their daughter, given the fact that in our conservative society, the reporting of such cases brings disrepute to the family.
Background
The victim, who at the time of the incident, was a student of class 5, had visited her friend’s house to go to their school together. The friend of the victim was the daughter of the accused. Upon reaching her friend’s house, the victim found that she was taking a bath, so her friend requested the victim to sit inside the house. The accused was in another room, so he called the victim and asked her to sir beside him. Thereafter, it was alleged that the accused started pressing her legs and breasts, kissed her, and unzipped himself to ask the victim to touch him. He promised to give her ten rupees if she did. The victim retorted and returned to her home, but her parents had gone to their field and her grandfather was alone at home, so he did not narrate the incident to her grandfather.
Later, the accused’s daughter came to call the victim, and both went to school. he victim returned in the evening, by which time her parents had returned from the field and so she narrated the entire incident to them. The victim’s mother lodged the report against the accused.
The accused contended that there was enmity between him and the parents of the victim, and on that account, he had been falsely implicated.
Court’s analysis and judgment
The Court noted the counsel’s submission that the victim had admitted that she was suffering from epileptic attacks, and due to the recurrence of the attacks, her state of mind was disturbed. The Court further noted that the victim’s friendship with the accused’s daughter; and that the two of them studied together were undisputed facts. The Court also noted that the accused had failed to showcase a probability of his defence of enmity with the parents of the victim, and that to substantiate the same, he could have examined an independent witness from the village.
Therefore, the Court viewed that there was no material to conclude the enmity between the accused and the parents of the victim. The Court further viewed that if such were assumed to be true, then the victim would not have gone to the house of the accused.
The Court also viewed that the conduct of the victim could not be said to be totally unnatural, since the victim must have been taken aback on the account of the act by a father figure. The conduct of the victim’s parents was also viewed by the Court to be consistent with a person of ordinary prudence when placed in a similar situation.
The Court observed that for the sake of an argument if it was assumed that there was indeed enmity between the accused and the parents of the victim, they would not have jeopardised the future of their daughter. It is because, in sexual offences especially where a girl is involved, an attempt is made to avoid reporting of such offences, as they can bring disrepute to the family. The Court emphasised that such facts need to be borne in mind while evaluating the evidence of the victim and her relatives in sexual offences.
The Court stated that the victim’s parent had no reason to falsely implicate the accused and if they wanted to falsely implicate the accused, the victim’s mother would have created an imaginary story of molesting her own modesty. The Court reemphasised that in our conservative society, even on account of family enmity, the future and career of a girl is not jeopardised, and such is a strong circumstance in favour of the prosecution.
Therefore, in the light of the above, the Court held that no interference was warranted in the judgment and order of the Trial Court. Accordingly, the appeal was dismissed and disposed of.
[Vinod v. State of Maharashtra, 2024 SCC OnLine Bom 2226, decided on 08-07-2024]
Advocates who appeared in this case :
For the appellant: A.M. Balpande, Advocate
For the respondent: S.S. Hulke, APP
Buy Protection of Children from Sexual Offences Act, 2012 HERE
Buy Penal Code, 1860 HERE
1. Corresponding Section 74 of the Nyaya Sanhita, 2023 (“BNS”)
