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M. S. SONAK, BHARAT P. DESHPANDE
State Of Goa – Appellant
Versus
Motilal Lamani – Respondent
JUDGMENT
BHARAT P.DESHPANDE,J. - Since both these appeals are arising out of the Judgment passed by the Trial Court in Sessions Case No. 38/2016 dtd. 1/9/2020/14/9/2020, they are taken up together.
2. CRIA 29/2021 is filed by the State through Police Inspector, Old Goa Police Station, thereby challenging only the portion of awarding sentence below the prescribed minimum provided under the Act.
3. The Accused filed CRIA 4/2022, thereby challenging his conviction under Sec. 376 of IPC and Sec. 4 of The Protection of Children from Sexual Offences Act, 2012 (POCSO), amongst the grounds raised in the memo of appeal.
4. We have heard the learned Counsel Shri Rohan Desai appearing for the Accused, and Shri Pravin Faldessai, learned Additional Public Prosecutor for the State, in both the appeals at length.
5. Initially, the Accused was charge-sheeted for the offences punishable under Ss. 363, 376 of IPC, Sec. 8(2) of Goa Children's Act 2003, Ss. 4 and 8 of POCSO Act 2012 on the allegations that on 7/4/2012, the Accused kidnapped a minor daughter of the Complainant from lawful guardianship and took her away to an unknown destination. The accused then sexually assaulted the victim on three oc
The victim's testimony, if found reliable, can be the basis for conviction in sexual assault cases, and the court cannot reduce the sentence below the minimum prescribed by law.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The consent of a minor is immaterial in cases of sexual offences, and any sexual act with a minor under the pretext of marriage constitutes rape under the IPC and the POCSO Act.
Consent immaterial for penetrative sexual assault on minor under 18; conviction upheld on unrebutted presumptions, medical/forensic evidence despite romantic claim; distinguished from marriage/progen....
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.
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
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 victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.
The main legal point established in the judgment is that 'consent' in the context of rape requires voluntary participation in the act, and mere submission does not amount to consent.
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