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G. A. SANAP
Roshan S/o Purushottam Wankhade – Appellant
Versus
State of Maharashtra, Through P. S. O. , Police Station, Tiosa, District – Respondent
JUDGMENT :
G. A. Sanap, J.
1. These two appeals arise out of the judgment and order dated 23.03.2017 passed by the learned Sessions Judge Amravati, and therefore, the same are being disposed of by common Judgment.
2. Appeal No.572/2018 is filed by original accused No.1 and appeal No.477/2018 is filed by original accused No.2. Learned Sessions Judge, vide judgment and order dated 23.03.2017, held the accused/appellants guilty of the offences punishable under Sections 376(D) of the Indian Penal Code (for short “the I.P.C.”) and under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, “ POCSO Act”). On first count i.e. under Section 376-D of the I.P.C., they are sentenced to suffer rigorous imprisonment for twenty years and to pay a fine of Rs.50,000/-, in default, to suffer rigorous imprisonment for one year each, and on the second count under Section 3 read with Section 4 of the POCSO Act, they are sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months each.
3. Background facts:-
Before the Sessions Court in Special (POCSO) Case No.6/2014, the
The judgment reinforces the importance of corroborative evidence in sexual assault cases, particularly when the victim is a minor, and clarifies the legal standards for assessing credibility and dela....
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 judgment underscores the necessity of credible evidence and the adverse impact of delays in reporting sexual offences on the prosecution's case.
The court affirmed that the testimony of a child victim, supported by medical evidence, is sufficient for conviction under the POCSO Act, even in the presence of a negative DNA report regarding pater....
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The presumption of guilt under the POCSO Act requires a solid evidentiary foundation, which was not established in this case, leading to the acquittal of the accused.
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....
(1) Delay – Delay per se cannot be the ground to discard and disbelieve the otherwise credible and trustworthy evidence of the prosecution witness. (2) Delay – If the prosecution is able to prove the....
The prosecution must prove its case beyond a reasonable doubt; inconsistencies in testimony and delay in reporting undermine credibility.
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