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REVATI MOHITE DERE, PRITHVIRAJ K. CHAVAN
Ramesh Krishna Gopnur – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Revati Mohite Dere, J.
1 By this appeal, the appellant has impugned the judgment and order of conviction and sentence dated 29th March 2014 passed by the learned Additional Sessions Judge, Vasai, Thane in Session Case No. 33/2013 as under :
for the offence punishable under Section 8 of the Prevention of Children from Sexual Offences Act (‘POCSO Act’), to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 15,000/-, in default, to suffer rigorous imprisonment for 6 months;
for the offence punishable under Section 506 of the IPC, to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for 6 months;
All the substantive sentences were directed to run concurrently.
The appellant, in addition to the fine amount, was directed to pay compensation of Rs.1,00,000/- each to the survivers A, B, C and E.
The appellant was directed to pay compensation of Rs.10,000/- to surviver D.
On deposit, the compensation amount wa
The judgment reinforces the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of corroborated testimony and medical evidence.
The consistent and corroborated testimony of witnesses, supported by medical evidence, is crucial in establishing guilt in sexual offence cases, and contradictory or inconsistent defenses can weaken ....
The court upheld the conviction for rape under IPC, emphasizing that a reliable witness's testimony can suffice for conviction, despite procedural irregularities.
The court established that corroborative evidence is essential in sexual assault cases, and the absence of such evidence led to the acquittal of one accused and the modification of the sentence for t....
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
Victim's testimony is crucial in sexual assault cases; it can alone substantiate conviction when credible, supported by medical evidence and witness accounts, despite minor inconsistencies.
The court held that insufficient evidence for penetrative assault warrants acquittal under specific POCSO sections, yet convicted the appellant for lesser sexual assault under Section 9(n).
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