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G. A. SANAP
Akash Dilip More – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. In this appeal, challenge is to the judgment and order dated 10/05/2021 passed by the learned Special Court, Warora, whereby the learned Judge held the accused guilty of the offence punishable under Section 376 (2)(j)(n) of the Indian Penal Code read with Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as “the POCSO Act” for short) and under Section 506(II) of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for 20 (twenty) years and to pay fine of Rs.3,000/- and in default to suffer simple imprisonment for three months for the offence under Section 376 (2)(j)(n) of the Indian Penal Code read with Sections 4 and 6 of the POCSO Act. He is further sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.2,000/- and in default to suffer simple imprisonment for three months for the offence under Section 506(II) of the IPC.
Background facts:
2. The informant (PW3) in this case is the mother of the victim. On the day of the incident, the victim was 10 years and 3 months old. The husband of the informant died in the year 2017. The informant with her son and the victim was residing
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 presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The victim's testimony, if found reliable, can form the sole basis for conviction under the POCSO Act, and legal presumption against the accused places the burden of rebuttal on the defense.
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.
Victim testimony in sexual assault cases must be credible and consistent; considerable contradictions undermine prosecution's case under the POCSO Act.
The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.
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