Chhattisgarh HC upholds 5 year RI for man in sexual assault of 2-year-old; conviction based on eyewitness testimony

RAIPUR: The Chhattisgarh high court has upheld the conviction and sentence of a 30-year-old man in a case involving the sexual assault of a two-year-ten-month-old child. Chief Justice Ramesh Sinha, in a judgment, dismissed the appeal filed by the convict and affirmed the trial court's decision.

The court noted, “The ‘sterling witness’ should be of a very high quality and calibre whose version should, therefore, be unassailable. The Court considering the version of such witness should be in a position to accept it for its face value without any hesitation.”The man, who was 26 years old at the time of the incident, was convicted under Section 363 of the Indian Penal Code, 1860, and Sections 9(m)(u) read with Section 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

He was sentenced to five years of rigorous imprisonment and fined Rs 1,000 for each offence. The sentences will run concurrently.The incident took place on 28 November 2021 in Dhodha village, Khairagarh-Chhuikhadan-Gandai district. The victim's mother filed a complaint at Gandai police station, alleging that the accused had taken her daughter, who was playing at her aunt's house, and attempted an inappropriate act after removing their clothes.

The victim's grandfather, an eyewitness, testified that he saw the convict with his trousers partially lowered and the victim’s clothes also pulled down. He immediately intervened and brought the child home. The victim’s mother sucported this statement, saying her sister-in-law had seen the accused taking the child.The defence argued that there was no conclusive evidence and that the man had been falsely implicated.

They also pointed out the absence of a medical report to confirm any outrage to the victim’s modesty. The convict has been in jail since 1 December 2021, having served around three years and six months.The state counsel countered that the prosecution had proved its case beyond reasonable doubt, relying on eyewitness testimony.Chief Justice Sinha observed that the Supreme Court has consistently ruled that the sole testimony of a victim, if found reliable, can be sufficient for conviction in sexual assault cases.Considering the statements of the eyewitnesses and Supreme Court precedents, the High Court concluded that the Special Additional Sessions Judge, Khairagarh, had rightly convicted the man.The high court also noted the strong objection raised by the victim’s mother, who appeared through the District Legal Services Authority (DLSA).The court dismissed the criminal appeal, stating that the prosecution had successfully proved its case beyond all reasonable doubt. The convict will now serve the sentence as ordered by the trial court.(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)