SANJAY KAROL, NONGMEIKAPAM KOTISWAR SINGH
State of Himachal Pradesh – Appellant
Versus
Hukum Chand Alias Monu – Respondent
Based on the provided legal document, here are the key points with their corresponding references:
JUDGMENT :
SANJAY KAROL, J.
1. The State of Himachal Pradesh, aggrieved by final judgment and order dated 3rd June 2014 in Criminal Appeal No 721 of 20081[Impugned judgment] whereby the learned Division Bench set aside the findings of guilt and consequent sentence returned by the District and Sessions Judge, Mandi2[Trial Court] in Sessions Case No. 12 of 2008 in terms of the judgment dated 12th September 2008 and instead, entered a finding of acquittal against the respondent-accused, has preferred this appeal.
2. A nine-year-old girl was sent by her mother to fetch buttermilk bright and early in the morning of 27th August 2007, however, the brightness was soon extinguished. She was taken into a cowshed by the neighbour’s son and sexually assaulted. Upon returning home, she described the horrifying incident to her mother and later in the day to her father, who was a mason by profession and worked elsewhere. He made a couple of phone calls, including one to the little girl’s maternal uncle, who visited their home subsequently and they went and filed the First Information Report3[FIR No. 355 of 2007 registered at PS Sunder Nagar] with the police. The victim was medically examined, and he
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(1) Rape of minor girl – In proving occurrence of an offence within a particular time frame, Court does not look for mathematical precision – Medical evidence is in nature of expert opinion and is co....
(1) Privacy of victims of sexual offences must be protected.(2) Rape – Degree of certainty is required before a person can be either convicted or acquitted of a crime – Absence of evidence of prosecu....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
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 testimony of a victim in sexual assault cases is credible and does not require corroboration for conviction, emphasizing the need for sensitivity in evaluating such evidence.
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