Conviction under POCSO Act and IPC Upheld; Sentence Reduced from Life Imprisonment to 20 Years Rigorous Imprisonment
In a significant judgment, the Chhattisgarh High Court has upheld the conviction of Aman Kumar Vishwakarma for the heinous crime of raping a minor girl, while reducing his sentence from life imprisonment until natural death to 20 years of rigorous imprisonment. The judgment was delivered by a division bench comprising Mr. Ramesh Sinha, C.J., and Mr. Ravindra Kumar Agrawal, J., in response to an appeal filed by the accused challenging the sentence imposed by the trial court.
The appellant, Aman Kumar Vishwakarma, was initially sentenced to life imprisonment under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 376AB of the Indian Penal Code (IPC) by the Additional Sessions Judge, IVth F.T.S.C. Durg. The trial court's judgment was based on the testimony of the six-year-old victim, corroborated by medical reports and witness statements.
In his appeal, Vishwakarma contended that the prosecution failed to prove the case beyond reasonable doubt, citing inconsistencies and contradictions in the evidence presented. He argued that the victim's testimony was unreliable due to her age and alleged tutoring, and pointed out the absence of sperm or semen on the vaginal slide in the FSL report.
However, the High Court rejected these arguments, emphasizing the credibility of the victim's testimony and the corroborating evidence from medical examinations and witness accounts. The court highlighted the importance of the victim's testimony in sexual assault cases, noting that it can be sufficient for conviction unless there are compelling reasons requiring corroboration.
The court also addressed the principle of proportionality in sentencing, acknowledging that while the crime was grave, the sentence should reflect a balance between the severity of the offense and the possibility of rehabilitation. Citing precedents from the Supreme Court, the bench reduced the sentence to 20 years rigorous imprisonment, underscoring the need to maintain public confidence in the justice system while considering the potential for the convict's reform.
This judgment serves as a reminder of the judiciary's role in balancing justice and rehabilitation, particularly in cases involving vulnerable victims and severe offenses.
Bottom line:-
Conviction and sentence under Section 6 of POCSO Act and Section 376AB IPC upheld; however, sentence reduced from life imprisonment (till natural death) to 20 years rigorous imprisonment.
Statutory provision(s): Section 6, Protection of Children from Sexual Offences Act, 2012; Section 376AB, Indian Penal Code, 1860; Section 415(2), Bharatiya Nagarik Suraksha Sanhita, 2023
Aman Kumar Vishwakarma v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2940753
