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G. A. SANAP
Rahul Gautam Lahase – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, challenge is to the judgment and order dated 22.11.2021, passed by learned Additional Sessions Judge, Court No.2, Achalpur, whereby the learned Judge held the accused guilty for the offences punishable under Section 376 of the Indian Penal Code ; under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short) ; and under Section 67 of the Information Technology Act, 2000 (hereinafter referred to as “the IT Act” for short). The appellant has been sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs.10,000/- (Rupees ten thousand only) and in default to suffer further RI for 3 (three) months for the offence punishable under Section 376 of the IPC. The appellant has been further sentenced to suffer rigorous imprisonment for 2 (two) years and to pay fine of Rs.2,000/- (Rupees two thousand only) and in default to suffer further RI for 1 (one) month, on each count, for the offence punishable under Section 8 of the POCSO Act and under section 67 of the IT Act. No separate sentence has been awarded for the offence punishable under Section 4 of the POCSO Act.
2. BACKG
The prosecution must establish sexual offences beyond reasonable doubt, requiring credible evidence and corroboration, particularly in cases involving digital evidence.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
The judgment underscores the necessity of credible evidence and the adverse impact of delays in reporting sexual offences on the prosecution's case.
The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
The central legal point established in the judgment is the requirement for the testimony of the prosecutrix to be reliable and of a sterling quality for a conviction under the POCSO Act. The judgment....
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....
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
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