The Bombay High Court recently reduced the sentence of a man after he was convicted for rape and penetrative sexual assault of a minor on the ground that there was an omission in her statement.
Justice A S Gadkari was hearing an appeal filed by Babu alias Prabhakar Sakharam Karve challenging an order passed by the Protection of Children From Sexual Offences Act (POCSO) court on July 13, 2016, sentencing him to 10 years rigorous imprisonment and a fine of ₹26,000. The court reduced his sentence to seven years.
Karve was convicted under Section 452 (house trespass after preparation for hurt, assault or wrongful restraint), Section 354 (assault or criminal force to woman with intent to outrage her modesty), Section 376 (punishment for rape) of the Indian Penal Code and Section 4 (punishment for penetrative sexual assault) and Section 8 (punishment for sexual assault) of POCSO.
According to the prosecution, on February 5, 2013, Karve, a friend of the girl’s father, came to their home at 2 p.m., and asked her younger brother to get him a snack. He then raped the girl, who was around 11 or 12 years old at the time, assured her he would buy her a dress and threatened her with dire consequences if she disclosed anything. The victim told her mother, however, and a first information report was registered.
The prosecution examined 12 witnesses in the case. The victim’s statements during her chief-examination and cross-examination, however, had discrepancies.
The court held there is an omission in what the victim deposed. It said, “The substantive evidence of the victim is indubitably trustworthy and reliable, except the omission which has been proved by the defence beyond doubt.” On the basis of this, the court reduced the sentence.
