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G. A. SANAP
Deepak Pandurang Raut – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, the challenge is to the judgment and order, dated 13.11.2021, passed by the learned District Judge-2 and Special Judge (POCSO Act), Wardha (for short ‘Special Judge’), whereby the learned Special Judge, held the appellant/ accused guilty of the offences punishable under Section 376(1) of the Indian Penal Code (for short ‘the IPC’) and under Section 4 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.7,000/-and in default of payment of fine to undergo simple imprisonment for one year.
2. Background facts:
The crime was registered on the report of the victim (PW-1) dated 08.01.2016. The prosecution’s case, which can be gathered from the report and material on record, is that on the date of the incident the victim was 17 years old. She was residing with her parents at village Deoli, Tal. Deoli, Distt. Wardha. The appellant/accused is a resident of the same village. It is the case of the prosecution that on 08.01.2016, at about 8:30 p.m., the victim was returning to her house from her grandfather’s house. At that time, the accused,
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
The presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.
The importance of proving the victim's age and the need for corroboration of the victim's testimony in cases of sexual offences.
The main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
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 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....
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