Gujarat High Court
Tabrez Rojuddin Ansari vs State Of Gujarat on 10 March, 2026
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1284 of
2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
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Approved for Reporting Yes No
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TABREZ ROJUDDIN ANSARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK B BAROT(3711) for the Appellant(s) No. 1
MR BHARGAV PANDYA, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 10/03/2026
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
1. Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 23.02.2018 passed by the learned Special Judge and Additional Sessions Judge, Bharuch in Special POCSO Case No. 01 of 2014 under the Protection of Children from Sexual Offences Act (POCSO Act), the appellant- accused has been convicted of offences punishable under Sections 363, 366, 376 of the Indian Penal Code, 1860 (IPC), and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The learned Sessions Court sentenced the appellant- accused to undergo imprisonment for life and fine of Rs. 10,000/-
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2. The brief facts that have given rise to the filing of the present appeal are comprehensively set out as follows:
2.1. The victim, who was a minor girl aged approximately 5 years and 4 months, residing with her parents in village Singpur, Taluka Ankleshwar, District Bharuch, made serious allegations against the appellant-accused. According to the complaint lodged by her mother Minakshiben, on 27.03.2014 during morning hours approximately between 8:00 a.m. to 9:00 a.m., while the complainant and her husband had gone to the farm to cut fodder, the accused who had come to construct stairs at the adjacent house of the victim's grandfather enticed the minor girl by offering to show her games on a mobile phone. He lifted her and took her to the terrace of the grandfather's house, took advantage of her being alone, removed her capri, inserted his saliva mixed finger into her private part, kissed her on the lips, and thereafter inserted his penis into her vagina and moved her up and down twice, thereby committing penetrative sexual assault. It was further alleged that even when the grandmother shouted, he did not leave her, and only when the grandfather shouted loudly, he released her and threatened her not to tell anyone. The incident allegedly occurred twice at that time. After the traumatic incident, the victim returned Page 2 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined home, and the next morning 28.03.2014 disclosed the entire incident to her mother while she was being called near the house.
The mother, after verifying details from her father-in-law and Naranbhai from whom the labourers had come, lodged a complaint at Ankleshwar Rural Police Station, which was registered as the relevant FIR.
2.2. Following the registration of the FIR, a comprehensive investigation ensued under the supervision of the investigating authorities. The investigation included recording detailed statements of the victim, her mother, her grandfather, and other relevant witnesses; preparation of panchnamas of the crime scene terrace of grandfather's house and seizure of material evidence including the clothes worn by the victim at the time of the incident white frock and black red capri and the mobile phone shown by the accused; conducting medical examination of the victim at Bharuch Civil Hospital and thereafter at SSG Hospital, Vadodara revealing redness on labia majora, swelling, and signs consistent with sexual assault, medical examination of the accused found capable of sexual intercourse, effecting the arrest of the accused, and forwarding collected samples to the FSL, Surat for detailed scientific analysis and examination. Upon finding sufficient prima facie evidence against the accused during the course of investigation, a chargesheet was duly filed against him under the aforementioned sections of law. Since the case was triable by the Special Court under the POCSO Act provisions, it was committed to the Special Court and registered as Special POCSO Case No. 01 of 2014. Formal charges were framed against the accused, to which he pleaded not guilty and claimed his right to trial.
3. During the course of the trial proceedings, the prosecution Page 3 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined examined comprehensive oral and documentary evidence to establish the guilt of the appellant-accused. The evidence included the testimony of the victim herself recorded in the chamber in a child-friendly atmosphere, the testimony of the victim's mother PW- 1, the victim's grandfather PW-13, medical evidence from examining doctors at Bharuch Civil Hospital and SSG Vadodara, forensic evidence, panchnama witnesses for scene and seizure of clothes and mobile, the investigating officer PSI Pawar, and other relevant witnesses to substantiate the charges framed against the accused.
Oral Evidence
Sr. No. Witness's name Exh.
1 Deposition of witness Jigneshkumar Himatsinh 10
Barad
2 Deposition of panch witness Sundhirsinh 12
Chandrasinh Barad
3 Deposition of witness Jaydipsinh Girishsinh Barad 18
4 Deposition of complainant Minakshiben 37
Bhadreshkumar Barad
5 Deposition of the victim, daughter of Bhadreshsinh 41
Barad
6 Deposition of Dr. Rupesh Jayramhai Divakar 43
7 Deposition of witness Kiritbhai Ranchhodbhai Patel 46
8 Deposition of woman head constable Shantaben 49
Puniyabhai Vasava
9 Deposition of panch witness Salim Mohammad Shah 51
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10 Deposition of Bhadreshsinh Badharsinh Barad 52
11 Deposition of Dr. Sureshnandan Ramnarayan Yadav 53
12 Deposition of Dr. Ami Mahendrabhai Patel 57
13 Deposition of Badharsinh Punjabhai Barad 63
14 Deposition of Sachin Shantaram Pawar 65
15 Deposition of Dr. Anju Roshanlal Sharma 72
Documentary Evidence
Sr. No. Particulars Exh.
1 Panchnama of the crime scene 11
2 Panchnama of seizure of clothes worn by the victim 13
at the time of the incident
3 Original slips recovered from Muddamal Articles 14 to
Nos. 1 to 3 16
4 Panchnama of the physical condition of the accused 17
5 Panchnama of seizure of clothes worn by the 19
accused at the time of the incident
6 Original slips recovered from Muddamal Articles 21 to
Nos. 1 to 3 22
7 Original birth certificate of the victim 38
8 Original complaint of complainant Minakshiben 39
9 History given by the victim's mother to Docter 40
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10 Requisition for medical examination of the accused 44
11 Medical certificate given by Dr. Divakar of Bharuch 45
Civil Hospital
12 Police requisition for conducting identification 47
parade of the accused
13 Panchnama regarding the identification parade 48
14 Requisition for bringing the victim for medical 54
examination
15 Medical check-up of the victim conducted by the 55
doctor at Bharuch Civil Hospital
16 Referral form 56
17 Medical examination report of the victim for sexual 58
assault
18 Prescription from Vadodara S.S.G. Hospital for the 59
victim
19 Sonography of the victim 60
20 Laboratory test of the victim 61
21 Ward register (daily notes) of the patient 62
22 Muddamal dispatch register / forwarding note 66
23 Receipt / acknowledgment regarding receipt of 67
muddamal
24 Covering letter sent to FSL regarding muddamal 68
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25 Biological examination report from FSL Surat 69
26 Serological analysis report from FSL Surat 70
27 Age estimation report of the accused 73
28 X-ray of the accused 74
29 X-ray of the accused 75
30 X-ray of the accused 76
4. After the closure of prosecution evidence and recording the statement of the accused under Section 313 CrPC, wherein he categorically denied all charges and attributed his false implication to not knowing anyone and a fabricated case against him, the learned Special Court proceeded to appreciate the evidence in its entirety. Upon careful consideration and evaluation of all evidence presented, the learned Special Court convicted the accused as stated above.
5. The learned advocate for the appellant assailed the impugned judgment, contending with considerable force that the prosecution had fundamentally failed to prove the charges beyond reasonable doubt, which is the standard requirement in criminal cases. He submitted with specific reference to the evidence that the testimony of the victim PW-5 at Exh. 41, who was a child witness aged approximately 8 years at the time of deposition and 5 years at the time of incident, was replete with material contradictions and significant omissions when compared to her disclosure to her mother and the FIR. He specifically pointed out several discrepancies, including the fact that in her disclosure to her Page 7 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined mother, she mentioned the accused writing her nickname on her hand and showing games on mobile before taking her to the terrace, but in her court deposition, she could not remember on which hand the name was written or which game was shown. He further argued that the description of the accused inserting his finger after putting it in his mouth and then penile penetration with up-down movement twice was inconsistent with her initial statement where she said it happened twice but without specifying the sequence clearly. Additionally, regarding the post-incident circumstances, she claimed in her deposition that even after grandmother shouted she was not released until grandfather shouted, but she admitted no shouting by herself on the terrace, thereby creating a material inconsistency in her version of events. The learned advocate for the appellant further contended that the FIR appeared to be tutored and dictated by the mother, containing language that was unfit for a 5-year-old child to articulate, with the child's statement recorded later in a chamber but raising serious doubts about the voluntariness and authenticity of the disclosure. He argued that no independent witness such as Naranbhai was examined to corroborate the accused's presence or employment for stair construction, nor was the mobile phone recovered with any game evidence, which undermined the foundational fact of enticement at the alleged location.
6. The learned advocate for the appellant further submitted that the victim had initially mentioned two uncles constructing stairs but failed to describe their ages or features clearly, and no identification parade was conducted by the investigating authorities to establish the identity of the accused, which significantly weakened the prosecution case. He emphasized that the medical evidence presented through the doctors at Bharuch Page 8 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined Civil Hospital and SSG Hospital Vadodara relevant showed no external injuries on her body including no genital tears, scratches, or hymen rupture, despite the alleged digital and penile penetration, which was highly unnatural for a case involving sexual assault on a 5-year-old child. He pointed out that while the doctors noted redness on the labia majora and swelling, there was no vaginal bleeding observed during the examinations, and the hymen was intact. The victim was subsequently examined at SSG Hospital where no clots or stitches were required, but he argued that this medical condition was entirely consistent with possible self-injury such as irritation from summer heat or pouring water as mentioned by the mother. He further questioned the reliability of the age estimation of the victim through birth certificate at Exh. 38, arguing that it lacked credibility without additional corroboration like school records, and the court's calculation placed her at exactly 5 years 4 months without margin for error.
7. The learned advocate for the appellant further argued that while the FSL report was mentioned but no specific details linked semen or blood to the accused, the redness found could have originated from any unrelated source such as urinary infection as initially thought by the mother, and was not specifically linked to the incident in question. He contended that no DNA profiling was conducted by the investigating authorities, which created a significant gap in the scientific evidence. He emphasized that the panch witnesses for scene panchnama and seizure of clothes did not provide strong corroboration, failing to identify specific blood stains or links to the accused, which indicated biased and faulty investigation by the Investigating Officer PSI Pawar. He emphasized the complete lack of corroboration from independent witnesses, noting that there were no eyewitnesses to the incident Page 9 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined despite it allegedly occurring on the terrace adjacent to family members like grandmother and grandfather who shouted but did not intervene immediately. He concluded by highlighting the potential false implication as stated by the accused, arguing that the accused was entitled to the benefit of doubt and praying for the appeal to be allowed and the conviction to be set aside.
8. Per contra, the learned APP strongly supported the impugned judgment and urged for the dismissal of the appeal in its entirety. He submitted with conviction that the PW-2 victim's testimony at Exh. 41 was natural and consistent on all core facts, including being enticed with mobile games, being taken to the terrace, having her capri removed, finger insertion with saliva, lip kiss, and penile insertion with up-down movement twice causing pain. He argued that her testimony inspired confidence and should be accepted by the court. He contended that minor embellishments and variations such as not remembering the hand or game were completely immaterial for a child witness of tender age and were not fatal to the prosecution case. He emphasized that the FIR was prompt, having been lodged the next day after disclosure, and was detailed despite the mother's narration, which reflected the trauma experienced by the child. The medical evidence, he argued, fully corroborated the allegations, with doctors noting redness on labia majora, swelling, and signs consistent with penetrative assault, which would be impossible to result from mere irritation for a 5- year-old child.
9. The learned APP argued that the medical reports clearly linked the redness and pain to the assault, with the mother corroborating the burning sensation for 2-3 days post-incident, while the accused's capability for intercourse was confirmed Page 10 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined medically. He contended that the hostility or weaknesses in panch witnesses was a common phenomenon in such sensitive cases, but the investigation remained fair and proper with prompt medical referral, muddamal being properly sealed including clothes and mobile, and the chain of custody being maintained intact. He emphasized that the relatives like mother PW-4 and grandfather PW-13 corroborated the disclosure, identification via Naranbhai, and immediate action taken by the family. He argued that the investigation was unbiased with the IO recording video statements and conducting ossification for accused's age to counter false claims. He contended that the victim's identification of the accused in court from two persons was reliable and independent. In POCSO cases, he argued, a child's testimony, if credible, needs no corroboration.
10. We have heard the learned advocates for the respective parties at length and have carefully perused the impugned judgment as well as the entire record and proceedings, including the depositions of witnesses, documentary evidence and the medical reports. The principal issue that arises for our consideration is whether the prosecution has proved the charges beyond reasonable doubt against the appellant-accused so as to sustain his conviction under the IPC and the POCSO Act, or whether any interference is warranted in appeal.
11. We find that in cases of sexual offences against a child, the testimony of the victim can be relied upon even without independent corroboration, if it appears truthful and trustworthy. At the same time, this Court must carefully examine the evidence, particularly medical and other corroborative evidence, to see whether any material inconsistency creates a reasonable doubt.
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12. We find that the issue of competency of the victim to depose does not raise any concern. The learned Sessions Court had put preliminary questions to the victim in its chamber, satisfied itself about her ability to understand questions and give rational answers, and thereafter recorded her deposition in a child-friendly atmosphere with the presence of her mother and representatives of both sides.
13. We further find that the victim is, in a procedural sense, the sole eyewitness, since the incident occurred on the terrace of her grandfather's house in a secluded manner and no independent eyewitness could be expected in such circumstances. However, the law permits conviction on the testimony of a sole witness, including a sole victim, if her evidence inspires confidence.
14. The victim, examined as PW-5 at Exh. 41, aged approximately 8 years at the time of her deposition (having been about 5 years and 4 months on the date of incident). Her statement was recorded in the chamber of the learned Special Judge in a child-friendly atmosphere after the Court, upon putting preliminary questions, satisfied itself that she was competent to depose, understood the importance of speaking the truth, and was capable of giving answers. In her deposition she consistently and clearly narrated that on the morning of 27.03.2014, while her parents had gone to the farm to cut fodder, one uncle who had come to her grandfather's house for the work of constructing stairs approached her, enticed her by saying that he would show games on his mobile phone, lifted her in his arms, and took her to the terrace of the house. There, he removed her black capri, put his finger in his mouth and applied saliva, inserted the saliva-mixed finger into her private part, kissed her on the lips, then inserted his penis into her Page 12 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined vagina and moved her body up and down twice, which caused her severe pain. She further stated that even when her grandmother shouted from below, he did not release her; only when her grandfather also shouted loudly did he let her go, after which he threatened her not to tell anyone about what had happened. She felt pain and fear, came down from the terrace in a frightened state, and the next morning 28.03.2014, while near the house, disclosed the entire incident in detail to her mother. In Court she identified the accused from among two persons brought from jail as the same uncle who committed the acts upon her. She also identified the clothes she was wearing at the time of the incident and confirmed that she was medically examined at Bharuch Civil Hospital and later referred to SSG Hospital, Vadodara. Though certain minor details elicited in cross-examination such as her inability to recall on which hand her nickname was written, the specific game shown on the mobile, or the exact sequence of certain peripheral events were brought out, these variations are natural and expected in the testimony of a child of such tender age; they do not touch the core substratum of the incident, namely enticement with the mobile phone, taking to the terrace, removal of clothing, penetration with saliva, kiss, penile penetration with up- down movement causing pain, failure to release despite shouting by grandmother, release only after grandfather's shout, threat of silence, and prompt disclosure to the mother the following morning. Her testimony, when read as a whole, appears natural, spontaneous, and trustworthy, inspiring confidence in its truthfulness.
15. PW-13, Badharsinh Punjabhai Barad at Exh. 63, deposed that on the relevant day two labourers had come from Naran Marwadi (Naranbhai) to carry out the work of constructing stairs at his Page 13 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined house. He stated that one of them was dark-complexioned and that he noticed this person taking his minor granddaughter upstairs while showing something on a mobile phone. Shortly thereafter, his wife - the grandmother raised an alarm by shouting; upon hearing the shout, he also shouted loudly at the person, whereupon the labourer left the child and went away from the terrace. He further stated that immediately thereafter the granddaughter came down from the terrace in a frightened condition. He corroborated that after the child disclosed the incident to her mother the next morning, the family members made inquiries and verified through Naranbhai from whom the labourers had been engaged the identity of the person involved, following which the complaint came to be lodged without delay. Although he was not an eyewitness to the actual acts of assault the incident having occurred on the terrace in a secluded manner, his deposition provides valuable corroboration regarding the presence of the accused at the house for stair construction work, the enticement and taking of the child to the terrace while showing the mobile, the raising of alarm by the grandmother followed by his own shouting which caused the perpetrator to release and flee, the immediate frightened and distressed condition of the granddaughter upon coming down. These facts, emanating from a natural and disinterested family witness who had no reason to falsely implicate the accused, lend strong support to the victim's account of enticement, commission of the assault on the terrace, the family's immediate reaction through shouting, the child's traumatized state post-incident, and the prompt verification and lodging of complaint, thereby forming an important link and establishing the prosecution case.
16. On a careful scrutiny of the deposition of the victim, we find that she has consistently stated that on 27.03.2014 in the morning, Page 14 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined while her parents had gone to cut fodder, one uncle who had come to construct stairs at her grandfather's house enticed her by saying he would show games on mobile, lifted her, took her to the terrace, removed her capri, put his saliva-mixed finger in her private part, kissed her on the lips, inserted his penis in her private part and moved her up and down twice causing pain, did not leave her even when grandmother shouted, but released her only when grandfather shouted loudly, and threatened her not to tell anyone. She further stated that this happened twice, she felt pain, and the next morning disclosed everything to her mother. She identified the accused in Court from among two persons brought from jail as the uncle who committed the act. She also identified her clothes worn at the time white frock and black capri and stated that she was medically examined at Bharuch Civil Hospital and thereafter at SSG Hospital, Vadodara.
17. It appears from the record that certain minor variations were brought out in cross-examination, such as she could not remember on which hand the nickname was written or which game was shown on mobile; she did not shout herself on the terrace; she initially mentioned two uncles but identified only one as the perpetrator; and she stated she did not know certain details like the exact time or full contents of police questions. We find that these are not material contradictions. They are natural differences expected in the narration of a child witness of tender age 5 years at incident, 8 years at deposition and do not affect the core case of enticement, taking to terrace, digital and penile penetration, pain, threat, and disclosure to mother.
18. It also transpires from the record that the defense suggestion that the victim was tutored by her mother or others is only an Page 15 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined allegation and was denied by the victim. No reliable material has been placed to establish such tutoring or to show that it resulted in a false case.
19. We also find that there is no reason on record to believe that the victim would falsely implicate the accused. In offences of this nature, it is unlikely that a child of 5 years would make a false allegation and undergo medical examination and court deposition without the incident having occurred.
20. The version of the victim is supported by the immediate disclosure and the evidence of family members. PW-4 mother Minakshiben has stated that the next morning the victim disclosed the entire incident while being called near the house, showed the nickname written on her hand, described the accused as the one wearing spectacles, dark and thin, and that after verifying from father-in-law and Naranbhai, the complaint was lodged. The mother also identified the clothes and narrated the medical process. PW-13 grandfather has stated that two labourers came from Naran Marwadi, one dark-complexioned, took the granddaughter to terrace showing mobile game, grandmother shouted, he shouted and the person left, granddaughter came down scared with redness in private part. We find that although they are not eyewitnesses to the act, their evidence about the victim's immediate condition, disclosure, identification, and subsequent action is natural and supports the prosecution version.
21. The medical evidence strongly supports the allegation of penetrative sexual assault. The doctor at Bharuch Civil Hospital examined the victim and recorded history as per mother, noting old healed abrasions on knees and redness in genitals. She was Page 16 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined referred to SSG Hospital, Vadodara where gynaecological examination revealed redness on labia majora, swelling, and opinion of sexual assault on child. The hymen was intact, no bleeding from urethra, but pain was consistent with victim's statement. The accused was medically examined and found capable of sexual intercourse. We find that the defense suggestion of irritation from summer heat or pouring water does not fully explain the specific findings of redness and swelling consistent with assault on a minor.
22. It also appears from the record that the victim's birth certificate at Exh. 38 proved her date of birth as 25.11.2008, making her 5 years 4 months at the time of incident. The accused's age was proved through ossification test as above 20 years, placing him above 18 years at the time of incident, and false school certificate produced by his father was disproved after inquiry. We find that the defense suggestion of the accused being juvenile does not hold, as the ossification and inquiry established majority.
23. The medical evidence further supports the prosecution case. The examination at Bharuch Civil Hospital recorded history as per the mother and noted redness in the genitals along with old healed abrasions on knees. The gynaecological examination at SSG Hospital, Vadodara, revealed redness on the labia majora, swelling in the private part, and the doctor's opinion that sexual assault had occurred on the child. Though the hymen was intact and no bleeding from vagina or urethra was observed, the findings of redness, swelling and pain were consistent with the victim's statement of digital insertion with saliva and penile penetration causing pain. The accused was medically examined and found capable of sexual intercourse. We find that the presence of redness Page 17 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined and swelling on the labia majora and the opinion of sexual assault provide strong support to the prosecution case when read with the other evidence.
24. The contention that the redness could be from unrelated sources such as summer heat or urinary irritation is without merit, as no plausible explanation has been offered by the accused for the specific medical findings consistent with assault. The chain of custody of medical records is supported by the evidence of the doctors and the referral process. The absence of hymen rupture or bleeding does not create a reasonable doubt when the total medical evidence, including pain and redness, is considered together with the child's testimony.
25. It appears from the record that the investigating officer PSI Pawar has explained the investigation steps, including registration of FIR, medical examination of the victim at Bharuch Civil Hospital and referral to SSG Vadodara, recording of statements of the victim, mother and grandfather, identification of the accused through Naranbhai, seizure of clothes worn by the victim at the time of incident, visit to the scene, and other procedural steps. We find that the evidence of the mother PW-4 and PW- 13 grandfather corroborates the disclosure, identification and immediate action taken. No material is shown to establish bias or malafides in investigation.
26. It is an oft-reiterated dictum of law that in cases of sexual offences against children, the testimony of the victim alone may be sufficient and sole evidence of the victim, when cogent and consistent, could be properly used to arrive at a finding of guilt. In State of Himachal Pradesh vs. Manga Singh, (2019) 16 SCC 759, the Supreme Court in terms stated that conviction can be Page 18 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined rested on the testimony of the victim alone.
"The conviction can be sustained on the sole testimony of the prosecutrix, if it inspires confidence. The conviction can be based solely on the solitary evidence of the prosecutrix and no corroboration be required unless there are compelling reasons which necessitate the courts to insist for corroboration of her statement. Corroboration of the testimony of the prosecutrix is not a requirement of law, but a guidance of prudence under the given facts and circumstances. Minor contradictions or small discrepancies should not be a ground for throwing the evidence of the prosecutrix."
27. It was further asserted that corroboration is not an essential requirement for conviction in the cases of sexual assault on children. It is well settled by a catena of decisions of the Supreme Court that corroboration is not a sine qua non for conviction in such cases. If the evidence of the victim does not suffer from any basic infirmity and the "probabilities factor" does not render it unworthy of credence. As a general rule, there is no reason to insist on corroboration except from medical evidence. However, having regard to the circumstances of the case, medical evidence may not be available in full form. In such cases, solitary testimony of the victim would be sufficient to base the conviction, if it inspires the confidence of the court.
28. From a recent decision in Raju alias Umakant vs. State of Madhya Pradesh, (2025 SCC OnLine SC 997), following observations could be noticed:
".......a woman or a girl subjected to sexual assault is not an accomplice but a victim of another person's lust and it will be improper and undesirable to test her evidence with suspicion. All that the law mandates is that the Court should be alive to and conscious of the fact that it is dealing with the evidence of a person who is interested in the outcome of charge levelled by her and if after keeping that aspect in mind if the Court is thereafter satisfied that the evidence is trustworthy, there is nothing that can stop the Court from acting on the sole testimony of the prosecutrix. [See State of Rajasthan v. N.K. the Accused, (2000) 5 SCC 30, Rameshwar v. State of Rajasthan, 1951 SCC 1213, State of Page 19 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026 NEUTRAL CITATION R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026 undefined Maharashtra v. Chandraprakash Kewal Chand Jain, (1990) 1 SCC 550, State of Punjab v. Gurmit Singh, (1996) 2 SCC 384]"
29. The sensitive approach and greater inclination to rely on the creditworthy evidence of the victim is guided by the aspect as observed in Bharwada Bhoginbhai Hirjibhai vs. State of Gujarat, [(1983) 3 SCC 217] it was observed thus:
"In the Indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a rule, is adding insult to injury. Why should the evidence of the girl or the woman who complains of rape or sexual molestation be viewed with the aid of spectacles fitted with lenses tinged with doubt, disbelief or suspicion?"
30. On overall consideration, we find that the testimony of the victim inspires confidence, is not shaken by any material contradiction, and is supported by prompt disclosure to the mother the next morning, medical evidence showing redness and swelling consistent with assault, identification of the accused in court, and evidence of family members mother and grandfather. We find that the prosecution has proved the guilt of the accused beyond reasonable doubt. Accordingly, no interference is called for in appeal.
31. In light of the above legal position and for the reasons recorded in the foregoing paragraphs, the present appeal fails and is accordingly dismissed. Records and Proceedings, if any, be remitted to the Court concerned forthwith.
(ILESH J. VORA,J) (R. T. VACHHANI, J) Kaushal Rathod Page 20 of 20 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Tue Mar 10 2026 Downloaded on : Tue Mar 10 22:26:41 IST 2026