Telangana HC Reduces Sentence Of POCSO Accused, Says Minor’s Understanding Of Rape Must Be Considered Before Relying On Sole Testimony For Conviction
Case: Kathula Vasu vs The State of Telangana
Coram: Justice K. Surender
Case No.: Criminal Appeal No.783 OF 2023
Court Observation: “When the victim is a child and in one word, she states that ‘rape’ was committed, it would become imperative in such cases when there is no other corroborating evidence, to know from the victim girl as to what is meant by her narration of ‘rape’. The victim girl need not be humiliated in the Court, however, the Judge has to record his satisfaction that the victim child or girl has an understanding of what is meant by ‘rape’ or what the victim meant by stating that ‘rape’ was committed. The said understanding of the victim as to what is meant by word ‘rape’ by the Court concerned is for the reason of the specific requirements given under Section 3 of the Act of 2012 as to what constitutes penetrative sexual assault and what constitutes ‘rape’ under Section 375 IPC.”
“It is understandable in cases of married women or the victim having knowledge about what constitutes ‘rape’, to accept the statement that the victim was subjected to rape. There is nothing on record in the evidence of P.W.2 that she had knowledge about sexual act or what constitutes ‘rape’. Nothing specific is narrated by the victim girl except stating that the accused committed rape on her,”
“The use of word ‘rape’ by the victim girl in the present circumstances cannot be made sole basis for the Court to assume or draw inference that penetrative sexual assault had taken place”
“This Court is aware of the fact that there cannot be any leading questions during chief examination. However, in the cases of child witnesses who would already be under trauma, the happening can be clarified so as to make the statement of the victim basis for conclusion of guilt or otherwise of an accused. Seeking such clarification would not amount to putting leading questions to the witness during chief examination,”
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Telangana HC Reduces Sentence Of POCSO Accused, Says Minor’s Understanding Of Rape Must Be Considered Before Relying On Sole Testimony For Conviction
