Chhattisgarh High Court Emphasizes Credibility of Minor's Testimony in Sexual Assault Cases
The Chhattisgarh High Court has delivered a landmark ruling, asserting that in cases of sexual assault involving minors, the testimony of the victim, if deemed credible and trustworthy, is sufficient to sustain a conviction. This holds true even in the absence of medical corroboration or visible physical injuries.
Court's Stance on Evidence and Conviction
While affirming the conviction of an accused in a case concerning the rape of a six-year-old girl at a portacabin ashram in Sukma district, a division bench led by Chief Justice Ramesh Sinha on April 15 made critical observations. The court emphasized that judicial bodies must not be influenced by the lack of physical injuries or minor inconsistencies in the survivor's statement. Such factors, the bench noted, do not diminish the evidentiary value of a consistent and cogent account provided by the child survivor.
The court highlighted that in offences of this nature, particularly those involving children, even slight penetration or an attempt thereof may not result in visible injuries. Additionally, delays in medical examination can further reduce the likelihood of detecting such signs. Consequently, the absence of medical evidence cannot be treated as determinative when the survivor's testimony inspires confidence.
Legal Precedents and Survivor-Centric Approach
Reinforcing the legal position, the bench observed that a survivor of sexual assault "stands on a higher pedestal than an injured witness", and her evidence can be relied upon without corroboration unless there are compelling reasons to doubt it. The court cautioned against adopting a hyper-technical approach in evaluating evidence, noting that minor discrepancies are natural and do not affect the core of the prosecution case.
The court also underscored that rape is not merely a physical assault but a grave violation that leaves an "incurable dent" in the victim's personal sovereignty and dignity. It advocated for a sensitive, survivor-centric approach, especially in cases involving children.
Case Background and Judicial Proceedings
The incident occurred on the night of July 22, 2023. The survivor, then aged six years and ten months, was residing at a portacabin hostel in Errabore. She disclosed the incident to her mother immediately after it happened. The police registered the case under relevant provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act. The authorities arrested the accused on July 27, 2023.
The trial court had originally sentenced the accused to life imprisonment until natural death for the POCSO offence. During the appeal, the high court evaluated sentencing principles established by the Supreme Court, focusing on balancing retributive justice with the capacity for reformation. The bench concluded that a 20-year rigorous imprisonment term satisfies the ends of justice.
The court directed that the convict must serve the modified sentence, with the benefit of a set-off for the time already spent in custody during the investigation and trial. All sentences are set to run concurrently.
Corroboration and Final Ruling
The court observed that the consistent testimony of the victim, corroborated by her mother's immediate disclosure and supported by medical findings such as a bite mark, firmly established the prosecution case. This comprehensive evidence base reinforced the conviction and sentencing decision.
Portacabin ashrams operate as residential schools in Maoist-affected areas of Chhattisgarh, aimed at providing education to tribal children in a safe environment. These facilities are often located near police camps to enhance security.
