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U. J. PHALKE
Dalsu Kumma Gawde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. The appellant (accused) has assailed judgment and order dtd. 28/4/2022 rendered by learned Additional Sessions Judge, Gadchiroli in Sessions Case No.16/2020 whereby he is convicted for offence punishable under Sec. 376(1) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and to pay fine Rs.3000.00, in default, to suffer simple imprisonment for 3 months. The accused is also given set-off under Sec. 428 of the Code of Criminal Procedure since he was in jail.
2. Facts in a nutshell are as under: On 23/11/2019, victim girl (due to the mandate of Sec. 228-A of the Indian Penal Code, name of the victim girl and her relatives are not mentioned in this judgment), has lodged report with Bhamragad Police Station, district Gadchiroli alleging that she is residing along with her parents and grandfather and two brothers. Her younger brother is residing at Bhamragad. She studied upto 12 Std. and left the education. On 19/11/2019, when her mother had been to Bhamragad in the hospital, as her sister-in-law was admitted in the hospital for delivery, she was at home along with her father and grandfather. On 20/11/2019, in the evening, after havin
The evidence of a victim in sexual assault cases is credible and does not require corroboration, and consent must be unequivocally established; any ambiguity regarding consent leads to the presumptio....
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The court established that the victim's age and circumstances negate any claim of consent, reinforcing strict liability for sexual crimes against minors under Indian law.
The victim's testimony alone can suffice for conviction in rape cases, as corroboration is not mandatory if the testimony is credible.
The central legal point established in the judgment is the immateriality of the minor victim's consent in a rape case and the lack of requirement for corroboration in cases of sexual assault when the....
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
The testimony of a victim in a rape case can be sufficient for conviction, and delays in reporting do not automatically undermine credibility, particularly in cases involving minors.
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