Bombay High Court Rejects POCSO Convict’s Appeal, Warns Against Ignoring Survivors’ Rights

The Bombay High Court held that criminal courts must not over-prioritise the rights of the accused while overlooking the rights of victims, and affirmed a life sentence imposed in a POCSO case.

The observation was made while dismissing an appeal filed by a man convicted of repeatedly raping his 13-year-old neighbour. The Court noted that victims set the criminal justice process in motion and excessive reliance on fair-trial objections can leave them unheard.

It found the survivor’s testimony credible and corroborated, held that consent was irrelevant due to her age, and ruled that an error in framing charges caused no prejudice.

The conviction under Section 376(3) IPC and the life term were sustained.

[Ramesh Dada Kalel v. State of Maharashtra & Anr.]