The Chhattisgarh High Court has ruled that sexual offences against children must be handled with the utmost severity. In a strong message, the Court rejected the appeals of three men convicted of gang-raping a 13-year-old girl under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and upheld their 20-year prison sentence.
The incident occurred in April 2019 during a wedding in the village of Makdi. The victim, a young girl, had gone to a field nearby with her friend due to the crowd at the wedding hall. There, she was attacked by four boys. Three of them forcefully raped her, while the fourth held her down. The attackers threatened to kill her. Using the light from a mobile torch, she later identified them as Pinku Kashyap, Manoj alias Kanwal Baghel, and Panku Kashyap.
Read Also:- Supreme Court refuses to quash POCSO case against suspended judge in alleged incest case
Following her complaint, charges were filed under Sections 376(D) and 506 of the Indian Penal Code and Section 4 and Section 6 of the POCSO Act. After trial, all three were found guilty and sentenced to 20 years of simple imprisonment and fined ₹5,000 each. They appealed to the High Court, arguing false implication and unreliable evidence.
"Any act of sexual assault or harassment on children must be dealt with strictly, and no leniency should be shown to such offenders," the Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed.
Read Also:- Delhi High Court quashes POCSO FIR: Accused to pay ₹50K and serve at LNJP hospital
The Court noted that the victim's age was confirmed to be 13 years through official school records and witness statements. Medical examinations confirmed signs of recent sexual activity. The accused also had visible injuries on their genitals consistent with recent intercourse. Forensic tests revealed the presence of human semen on the victim’s clothes and the underwear of the accused.
"The victim’s statement, supported by medical and forensic evidence, proves the case beyond reasonable doubt," the Court stated.
The Court dismissed the defense's claims of contradictions in testimonies, stating that minor inconsistencies do not invalidate credible evidence. It emphasized the importance of valuing a victim's testimony in sexual offence cases.
Read Also:- Supreme Court: No Reduction of 20-Year Sentence for Aggravated Sexual Assault Under POCSO Act
"The testimony of a prosecutrix should not be treated as that of an accomplice. She is a victim and her statement can be relied upon even without corroboration, if it is trustworthy," the judgment highlighted.
In rejecting the appeals, the Court underlined the rising incidents of sexual crimes against minors and the need for judiciary to act with firmness and sensitivity.
Cause Title- Panku Kashyap v. State of Chhattisgarh
