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VIBHA KANKANWADI, Y. G. KHOBRAGADE
XYZ – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
Y.G.KHOBRAGADE, J. - By the present appeal under Sec. 372 of the Code of Criminal Procedure, the prosecutrix is challenging the judgment and order dtd. 7/11/2019, passed by the learned Special Court under the POCSO Act and Additional Sessions Judge, Aurangabad in Special Case Child Prot. No.62/2015, thereby acquitting respondent Nos.2 and 3 original accused Nos.1 and 2 for the offences punishable under Ss. 363, 366-A, 376(2)(i) read with Sec. 34 of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
2. As per the provisions of Sec. 228-A of the Indian Penal Code, identity of victim in rape (sexual offences) is concealed in all manner including names of her relatives and the School/College where the victim studied.
3. In nutshell, the prosecution story is that on 14/11/2014, the victim's mother lodged report with the concerned Police Station alleging that on 11/11/2014 at about 3.00 p.m., she with her minor victim daughter had gone to the house of her foster sister. At that time, her victim daughter had stayed outside of her sister's house and she was taking tea inside the house of her sister. However, at that time her v
The prosecution must provide credible evidence to establish the age of the victim in cases under the POCSO Act, and mere reliance on school records without corroborating evidence is inadequate to pro....
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
The central legal point established in the judgment is the requirement for conclusive evidence to establish the commission of offenses, especially in cases involving serious allegations such as rape,....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The central legal point established in the judgment is the stringent burden of proof required in cases involving offences against minors, emphasizing the necessity of credible evidence to establish g....
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 central legal point established in the judgment is that in cases involving minors, the credibility of the victim's testimony holds significant weight, and corroboration may not always be necessar....
The main legal point established in the judgment is the importance of proving the age of the victim to establish the commission of offences under the POCSO Act. The judgment emphasizes the admissibil....
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