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SARANG V. KOTWAL
Ramchandra Shrimant Bhandare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. The appellant has challenged his conviction and sentence recorded by the learned Special Judge under POCSO Act at Greater Mumbai on 20.11.2017 in POCSO Case No.94/2014. The appellant was convicted for commission of offence punishable under Section 354 of the Indian Penal Code read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). He was sentenced to suffer RI for five years and to pay fine of Rs.5,000/- and in default to undergo RI for six months. He was granted benefit of set off under Section 428 of Cr.P.C.. The judgment mentions that the appellant was in custody from 13.12.2013 till 21.7.2014 and then was re-arrested on 26.7.2017 and was in custody till the date of the order.
2. Heard Shri Sushan Mhatre, learned counsel for the appellant and Shri Yogesh Dabke, learned APP for the State.
3. The prosecution case is that on 11.12.2013 at about 1.00 p.m., the appellant approached the victim who was about five years of age on that date. He touched and pinched her private parts and thus committed offence punishable under Section 8 of POCSO Act and under Section 354 of IPC. The FIR was lodged at the midnight. The appellant wa
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
The main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
The burden of proof under Sec. 29 of the POCSO Act, consistency of evidence, and the applicability of relevant sections of the POCSO Act and IPC in cases of sexual offenses against minors.
The victim's testimony in a rape case does not require corroboration, and penetration, however slight, is sufficient to constitute rape.
Conviction under the POCSO Act requires consistent testimony and corroborative evidence; discrepancies in witness accounts can undermine the prosecution's case.
The main legal point established in the judgment is the reliance on corroborative evidence, including medical reports and witness testimony, to establish the commission of sexual offences. Additional....
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