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G. A. SANAP
Kishore Vitthalrao Shendre – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
In this appeal, challenge is to the judgment and order dated 30.07.2018, passed by the learned Special Judge (POCSO), Wardha, whereby the learned Judge held the accused guilty of the offences punishable under Sections 376(2)(i) and 452 of the Indian Penal Code, 1860 (for short, “IPC”) and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”). He has been sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/- and in default to suffer simple imprisonment for six months for the offence punishable under Section 376(2)(i) of the IPC; rigorous imprisonment for 3 years and to pay a fine of Rs.1,000/- and in default to suffer simple imprisonment for one month for the offence punishable under Section 452 of the IPC. The accused, though convicted for the offence punishable under Section 4 of the POCSO Act, no separate sentence has been awarded.
02] BACKGROUND FACTS:
The victim girl, aged about 16 years old on the date of the incident, is the informant. The report of the incident was lodged by the informant on 20th June, 2016 at Ashti Police Station, District Wardha. The victim has stated that on 20th Jun
The presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
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.
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
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 prosecution must prove foundational facts of age and sexual assault beyond reasonable doubt, even with statutory presumptions under the POCSO Act.
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