Court Affirms Conviction Based on Victim's Testimony and Forensic Evidence, Emphasizes Stringent Punishment for Child Offenders
In a significant judgment, the Chhattisgarh High Court has upheld the conviction and 20-year rigorous imprisonment sentence of Jeetu Patel, who was found guilty of sexually assaulting his minor stepdaughter. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, rejected the appeal filed by Patel, affirming the trial court's findings.
The case originated from a complaint filed by the victim's mother in July 2024, which led to the arrest and subsequent conviction of Jeetu Patel under the Protection of Children from Sexual Offences Act (POCSO) and the Bharatiya Nyaya Sanhita, 2023. The victim, aged between 13 and 14 years, provided a consistent and detailed testimony about the assault, which was corroborated by forensic evidence indicating the presence of human sperm/semen.
During the trial, the defense argued that the trial court failed to consider contradictions in witness testimonies and the absence of a conclusive medical opinion regarding rape. However, the High Court emphasized that the victim's testimony, supported by circumstantial and forensic evidence, was sufficient for conviction. The court noted that medical evidence is corroborative in nature and not mandatory for conviction if the victim's testimony is reliable.
The judgment highlighted the need for stringent punishment for offenses against children, underscoring that leniency is not permissible under the POCSO Act. The court's decision reinforces the importance of victim testimonies in sexual assault cases, stating that the victim's evidence carries the same weight as that of an injured witness and can be relied upon if it inspires confidence.
The court directed the registry to inform the appellant of his right to appeal the judgment in the Supreme Court, with assistance from legal services committees if necessary.
Bottom Line:
Conviction under POCSO Act and Bharatiya Nyaya Sanhita, 2023 upheld based on consistent and cogent testimony of minor victim, corroborated by forensic and circumstantial evidence.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012, Section 6; Bharatiya Nyaya Sanhita, 2023, Sections 64(2)(f) and 65(1); Evidence Act, 1872, Section 118
Jeetu Patel @ Jitendra v. State Of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2945352
