A Division Bench of the Tripura High Court comprising Justice Dr. T. Amarnath Goud and Justice Biswajit Palit has held that the prosecution’s failure to establish penetrative sexual assault warrants modification of a conviction under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court converted the conviction to an offence under Section 7 of the Act, punishable under Section 8, and reduced the sentence awarded to the appellant from 20 years to five years of rigorous imprisonment.
Background of the Case
The prosecution alleged that on May 6, 2021, the accused entered the house of a seven-year-old girl while she was alone and sexually assaulted her. The incident came to light on May 9, 2021, when the victim disclosed the assault to her mother after experiencing pain in her private parts. A First Information Report was registered on May 11, 2021, under Sections 376(3) and 506 of the Indian Penal Code, read with Section 6 of the POCSO Act.
The Trial Court convicted the accused under Section 6 of the POCSO Act and Sections 449 and 342 of the Indian Penal Code. The accused was sentenced to 20 years of rigorous imprisonment under Section 6 of the POCSO Act. Aggrieved by the conviction, the accused preferred an appeal before the High Court.
Appellate Court’s Findings on Victim’s Testimony
The High Court observed that although there were no independent eyewitnesses to the incident, the victim’s testimony before the Trial Court and her statement recorded under Section 164 of the Code of Criminal Procedure remained consistent. The Court rejected the appellant’s contention regarding contradictions in her testimony, noting that the alleged discrepancies were not confirmed through the Investigating Officer. The Bench affirmed the reliability of the victim’s account regarding the occurrence of sexual assault.
What Did the Court Decide on the Charge of Penetrative Sexual Assault?
The Court held that the prosecution failed to establish the charge of penetrative sexual assault by the appellant upon the victim. Upon examining the victim’s testimony and the medical evidence, the Bench concluded that the evidence established physical contact with sexual intent without penetration. Therefore, the offence attracted the provisions of Section 7 of the POCSO Act, punishable under Section 8, rather than Section 6.
Provision | Offence | Punishment |
|---|---|---|
Section 6 POCSO Act | Aggravated Penetrative Sexual Assault | Minimum 20 years Rigorous Imprisonment |
Section 7 & 8 POCSO Act | Sexual Assault (Non-penetrative) | Minimum 3 years, up to 5 years Rigorous Imprisonment |
Operative Order and Sentence Modification
Accordingly, the Court modified the conviction from Section 6 to an offence under Section 7 of the POCSO Act, punishable under Section 8. The sentence was reduced from 20 years of rigorous imprisonment to five years of rigorous imprisonment, along with a fine of Rs 10,000. The appeal was partly allowed. The decision was pronounced on October 7, 2026.