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T. MALLIKARJUNA RAO
Mahankali Syam – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. Accused in Sessions Case No.08 of 2015 on the file of the learned Special Judge Constituted under Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada [for short, "the trial Court"], is the appellant herein. He was tried for the offences punishable under Sec. 366, 342, 376(2) r/w Sec. 376(2)(n) of the Indian Penal Code, 1860 [for short, "I.P.C."] and Sec. 6 r/w 5(1) of the Protection of Children from Sexual Offences Act, 2012 [for short, "POCSO Act"].
2. Vide Judgment, dtd. 1/7/2015, the learned Sessions Judge convicted the Accused under Sec. 235(2) of Cr.P.C. Accordingly, he was sentenced to suffer Rigorous Imprisonment for three (3) years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand only), in default, to suffer Simple Imprisonment for six months for the offence under Sec. 366 I.P.C. Further, he was sentenced to suffer Rigorous Imprisonment for ten (10) years and to pay a fine of Rs.20,000.00 (Rupees twenty thousand only), in default, to suffer Simple Imprisonment for six months for the offence punishable under Sec. 376(2) r/w Sec. 376(2)(n) I.P.C., alternatively Sec. 6 r/w 5(1) of POCSO Act. Both the sentences
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
The sole testimony of a child victim can suffice for conviction if credible, and age determination must rely on conclusive evidence such as school records.
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
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.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The main legal point established in the judgment is the determination of the nature of the sexual assault, modifying the conviction from penetrative sexual assault to aggravated sexual assault under ....
The consent of a minor girl in case of sexual intercourse is immaterial and amounts to rape.
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