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G. A. SANAP
Dilkhush S/o Eknath Shrigiriwar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, the challenge is to the judgment and order dated 24.12.2020, passed by the learned Additional Sessions Judge, Chandrapur, whereby the learned Sessions Judge convicted the accused of the offences punishable under Section 376(2)(j) and 376(2)(l) of the Indian Penal Code (for short, “I.P.C.”) and sentenced him to suffer rigorous imprisonment for 14 years and to pay a fine of Rs.2,000/- and in default to further undergo simple imprisonment for one year.
2. Background facts:-
The informant is the mother of the victim girl. The mother of the victim girl lodged the report on 22.11.2016 at Police Station Mul, District Chandrapur, regarding the rape of her mentally disabled daughter. It is stated that the informant and the victim are residing together. The informant used to leave home at 10.00 a.m. every day for work and return in the evening. The victim girl used to be at home. It is stated that few months, prior to the lodging of report, the informant observed that the victim had not got her period in the months of August, September and October. On 02.11.2016, the informant took the victim to Government Hospital, Mul, for examination. The doctor after conducting
The judgment underscores the importance of DNA evidence in sexual assault cases, especially involving vulnerable victims, and affirms the legal protections against such heinous crimes.
The judgment establishes the admissibility and conclusiveness of D.N.A. evidence in proving paternity and the incapacity of a mentally challenged individual to consent to sexual intercourse.
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
DNA evidence is reliable and can corroborate victim testimony, even with inconsistencies, particularly in cases involving vulnerable victims.
The prosecution must prove charges beyond reasonable doubt, and evidence from vulnerable witnesses requires corroboration to ensure reliability.
The prosecution must prove guilt beyond reasonable doubt, especially when the primary witness turns hostile, and reliance on inconsistent testimony and improperly handled DNA evidence is insufficient....
The court affirmed that the victim's testimony, corroborated by DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the need for sensitivity in evaluating such evidence.
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