Back
SUDHANSHU DHULIA, N. V. ANJARIA
Deepak Kumar Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
N.V. ANJARIA, J.
Delay condoned. Leave granted.
2. Preferred by the appellant-accused, the present appeal addresses the challenge to judgment and order 22nd September, 2023 passed by the High Court of Chhattisgarh, at Bilaspur, in CRA No. 34 of 2020 whereby the High Court continued the judgement and order of the Special Judge (SC/ST Court), Rajnandgaon, (CG) in Special Criminal (T) Case No. 10 of 2018, convicting and sentencing the appellant.
2.1 The appellant came to be convicted for the offence punishable under Section 450 of the Indian Penal Code, 1860 to undergo rigorous imprisonment for five years with fine of Rs. 5,00/-. He was also convicted for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act] and further came to be convicted for the offence under Section 376 (2), IPC to be sentenced to undergo rigorous imprisonment for ten years and with a fine of Rs. 1,000/-. The punishment for the offence under Section 376 (2), IPC, which was more severe to one provided for the offence under the POCSO Act therefore the same came to be awarded.
3. As per the prosecution case, the incident occurred on 03.04.2018 at about 1
Rape – Sole evidence of victim, when cogent and consistent, could be properly used to arrive at a finding of guilt – Corroboration from medical evidence is not sine qua non when cogent evidence of vi....
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.
The sole testimony of the prosecutrix can be the sole basis for conviction in cases of sexual offences, and there is no legal compulsion to seek corroboration of her statement, as long as it inspires....
The main legal point established is that the testimony of the victim/prosecutrix can be the sole basis for conviction in cases of sexual assault, without the need for corroboration, if found trustwor....
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
