Mumbai: The Bombay high court has denied the appeal of rape convicts who was sentenced to 20 years’ imprisonment under the stringent sections of the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC).
The accused had conte-nded that the victim was not a minor and the police had failed to prove that he was one, but the court held that lacunae in the investigation could not be held as grounds for relief and the right of the victim must be safeguarded.
A single bench of Justice Sadhana Jadhav was hearing an appeal filed by the convicts for raping a minor boy.
According to the prosecution, the boy was 16 years old at the time of the incident. In 2014, accidentally he got separated from his grandparents at suburban Borivali station. The boy reached Bandra station and slept on the platform where the two men approached him. One of them lured him with '20 and took him to the terrace of a nearby building and raped him. A patrolling police constable spotted the convict and nabbed him, A case was registered under the POCSO Act.
During the hearing, the convict’s counsel told the bench that the prosecution had not produced his birth certificate and the trial was only based on the medical officer’s evidence. The convict argued that the sentence should be reduced to five years.
After hearing the arguments, Justice Jadhav said that despite the fact that the prosecution had failed to get the birth certificate, the doctor’s evidence such as x-ray and ossification test could not be neglected.
The court also held that in the event of the prosecution failing to prove the guilt of the accused, it was the responsibility of the court to safeguard the rights of the survivor.
The Bombay high court has denied the appeal of rape convicts who was sentenced to 20 years’ imprisonment under the stringent sections of the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC).
The accused had conte-nded that the victim was not a minor and the police had failed to prove that he was one, but the court held that lacunae in the investigation could not be held as grounds for relief and the right of the victim must be safeguarded.
A single bench of Justice Sadhana Jadhav was hearing an appeal filed by the convicts for raping a minor boy.
According to the prosecution, the boy was 16 years old at the time of the incident. In 2014, accidentally he got separated from his grandparents at suburban Borivali station. The boy reached Bandra station and slept on the platform where the two men approached him. One of them lured him with '20 and took him to the terrace of a nearby building and raped him. A patrolling police constable spotted the convict and nabbed him, A case was registered under the POCSO Act.
During the hearing, the convict’s counsel told the bench that the prosecution had not produced his birth certificate and the trial was only based on the medical officer’s evidence. The convict argued that the sentence should be reduced to five years.
After hearing the arguments, Justice Jadhav said that despite the fact that the prosecution had failed to get the birth certificate, the doctor’s evidence such as x-ray and ossification test could not be neglected.
The court also held that in the event of the prosecution failing to prove the guilt of the accused, it was the responsibility of the court to safeguard the rights of the survivor.
