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G. A. SANAP
Sharad S/o. Mahadev Mankar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
In this appeal, challenge is to the judgment and order dated 11.05.2022, passed by the learned Special Judge & Additional Sessions Judge-2, Amravati, whereby the learned Judge convicted the appellant for the offences punishable under Section 376-AB of the Indian Penal Code, 1860 (for short, “IPC”) and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”), and sentenced him to suffer rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/- and in default to suffer rigorous imprisonment for six months for the offence punishable under Sections 4 and 6 of the POCSO Act. No separate sentence has been awarded for the proved offence punishable under Section 376-AB of the IPC.
02] BACKGROUND FACTS:
PW-2 (informant) is the mother of the victim girl (PW-1). The crime was registered against the appellant on the report of PW-2. The case of prosecution against the appellant, which can be gathered from the report and other materials compiled in the charge-sheet, is that, on the date of the incident, the victim was 9 years old and studying in 3rd Standard. The informant has three daughters. The informant and her husband
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
The presumption of guilt under the POCSO Act requires a solid evidentiary foundation, which was not established in this case, leading to the acquittal of the accused.
The judgment underscores the necessity of credible evidence and the adverse impact of delays in reporting sexual offences on the prosecution's case.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The judgment reinforces the importance of corroborative evidence in sexual assault cases, particularly when the victim is a minor, and clarifies the legal standards for assessing credibility and dela....
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
The presumption under Section 29 of the POCSO Act requires foundational facts to be established; mere reliance on medical evidence without corroboration is insufficient for conviction.
The main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.
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