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ABHAY S. WAGHWASE
Ganpati Shankar Kage – Appellant
Versus
State of Maharashtra, Through Murum Police Station, Osmanabad – Respondent
JUDGMENT :
1. Judgment and order dated 30-11-2022 passed by the learned Additional Sessions Judge, Omerga in Special Case No.18 of 2021 convicting appellant for offence under Sections 376, 323, 504, 506 and under Sections 4, 6, 8, 12 of the Protection of Children from Sexual Offences (POCSO) Act, is taken exception to by the convict by filing instant appeal.
FACTS IN BRIEF LEADING TO TRIAL
2. Victim, aged 15 years, studying in 9th Standard, lodged report on 29-04-2021 at Murum Police Station, Tq.Omerga, alleging that in the night of 28-04-2021 her father, under influence of liquor, called her in the room, threatening to kill her by use of axe, disrobed her and forced himself on her. She immediately rushed out and reached her uncle’s place and there she informed her grandparents and on the next day, she and her uncle went to Police Station and lodged report, on the strength of which, crime bearing no.93 of 2021 was registered. Investigation was carried out by PW9 Kawade, who after completion of investigation, chargesheeted accused and was tried before Additional Sessions Judge, Omerga and finally held guilty by judgment and order dated 30-11-2022 holding appellant guilty for above offe
School records based on parental statements given primacy over ossification tests for proving minor victim's age in POCSO cases; sole credible testimony of prosecutrix sufficient for convicting fathe....
The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The need for trustworthy and corroborating evidence in cases of sexual offenses, especially when the victim is a minor.
Medical evidence via ossification tests carries a two-year margin of error requiring the benefit of doubt to favor the accused. Testimony characterized by material contradictions and a lack of indepe....
The judgment emphasizes the importance of the victim's reliable and confident statement, the significance of discrepancies, belated reporting, and lack of corroboration and support from family member....
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