Protection of Children from Sexual Offences Act, 2012
Section 6 and Section 376D & 328 of IPC—Aggravated penetrative sexual assault—Acquittal—Petition for leave to appeal—Case of prosecution rests on testimony of prosecutrix—She as per her own testimony, has been consistent in stating that after consuming the cold drink she became unconscious and on regaining her senses she found herself naked and felt pain in her genitals—She had not been able to give any evidence about what had transpired with her while she was unconscious—MLC also does not support penetrative assault—No ocular testimony or scientific evidence of what had happened—ASJ has given a reasoned judgment and rightly given the benefit to the respondent for the evidence under Section 6 POCSO Act as there is no evidence of any penetrative assault having been proved against the respondents—Circumstances as described may lead to conjectural inferences, but under the criminal jurisprudence, the proof has to be beyond reasonable doubt—It is an unfortunate incident where there is no cogent evidence whatsoever of penetrative assault—Parties had settled their differences and prosecutrix has already got married to the accused—ASJ has rightly convicted the accused under Section 8 of the POCSO Act and co-accused under Section 8 read with Section 17 of the Act and there is no ground for granting leave to appeal for the offence under Section 6 of the POCSO Act and Section 376D of IPC is made out—Petition dismissed.
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