[POCSO] Inappropriate touch by males is common sexual assault experienced by women in public transport: Mumbai Court

The Court, however, found no value in his arguments. After going through evidence and the testimonies of witnesses, the Court concluded:

– Minor discrepancies are not to be given undue emphasis and evidence is to be considered from the point of view of trustworthiness;

– The culpable intention of the accused is the crux of the matter and the reaction of the woman, is very relevant;

– Conviction can be recorded on the sole, uncorroborated testimony of a victim provided it does not suffer from any basic infirmities or improbabilities which render it unworthy of credence;

– In the present case the testimony of PW­1/victim and PW­2 appears to be cogent, reliable and worthy of credence. It is undisputed that the accused and the victims did not have any previous enmity between them or victims hatched conspiracy, to malign the reputation of the accused, to falsely implicate him;

– Section 30 of the POCSO Act contemplates presumption of culpable mental state. Accused failed to rebut the presumption under Section 30 of the Act.

– The essence of a woman’s modesty is her womanhood;

– Accused could not produce any disability certificate to make him entitled for traveling in handicap compartment.

Source: Barandbench