K. SURESH REDDY, K. SREENIVASA REDDY
Kondelu Krupa Rao, East Godavari Dst. – Appellant
Versus
State of AP Rep PP – Respondent
JUDGMENT :
(Per the Hon’ble Sri Justice K.Sreenivasa Reddy)
This Criminal Appeal is preferred by the appellant/sole accused in POCSO Sessions Case No.127 of 2015 on the file of the Special Sessions Judge for the trial of the cases under the POCSO Act, 2012 - cum - I Additional Sessions Judge, East Godavari at Rajahmundry (hereinafter referred to, as ‘the Special Judge’).
Vide the impugned judgment dated 14.07.2016, the appellant herein/sole accused was found guilty of the charge under Section 376 (2) (i) IPC and Section 5 (m) read with 6 of the POCSO Act and also of the offence under Section 376 (2) (i) read with 511 IPC and further under Section 5 (m) punishable under Section 6 read with 18 of the POCSO Act, and is accordingly convicted of the said offences and sentenced to suffer imprisonment for life, which shall mean imprisonment for remainder of his natural life, and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for one year, for the offence punishable under Section 376 (2) (i) IPC and 5 (m) read with 6 read with 18 of the POCSO Act. He is further sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/- in default to suffer simpl
The judgment reinforced the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony and medical evidence in securing convictions.
The judgment underscores the importance of victim testimony and medical evidence in sexual assault cases, particularly involving minors, affirming strict liability under the POCSO Act.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The statutory presumption of guilt under Section 29 of the POCSO Act places the burden on the accused to prove their innocence in cases of sexual offences against children, which was upheld in this j....
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