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G. A. SANAP
Pravin Ruprao Harde – Appellant
Versus
State of Maharashtra, through P. S. O. Morshi Police Station – Respondent
JUDGMENT :
G. A. Sanap, J.
In this appeal, challenge is to the judgment and order dated 17.12.2019, passed by the learned Additional Sessions Judge- 2, Amravati, whereby the learned Judge held the accused guilty of the offences punishable under Section 376(2)(i)(j) of the Indian Penal Code, 1860 (for short, “IPC”) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”) and sentenced him on both the counts to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- and in default to suffer rigorous imprisonment for three months.
2. BACKGROUND FACTS:
PW-8 is the victim girl of five years old. PW-1 is the mother of the victim girl. The crime was registered on the report of PW-1. It is the case of prosecution that on 11th January, 2017 at about 12:00 noon, the victim was playing with other children in the courtyard of the house. The accused called the victim girl inside the house and made her sit on his lap. It is stated that the accused inserted his finger in the vagina of the victim girl. He touched his penis to the private part of the victim. The victim girl came crying out of the house of the accused and narrated the in
The presumption of guilt in sexual offences under the POCSO Act requires foundational facts to be established by credible evidence, and doubts must favor the accused.
The judgment reinforces the evidentiary standards in sexual assault cases involving minors, highlighting the importance of witness credibility and medical corroboration.
The presumption of guilt under Section 29 of the POCSO Act is not absolute and requires the prosecution to establish foundational facts before the burden shifts to the accused to rebut the presumptio....
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The main legal point established in the judgment is the critical appreciation of the victim's testimony in a sexual assault case, the burden of proof on the accused to establish the absence of culpab....
In sexual offence cases, the prosecution must provide credible and consistent evidence; any reasonable doubt must favor the accused.
The testimony of a child victim in sexual assault cases is sufficient for conviction if credible, highlighting the high standard of reliability required under the POCSO Act.
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