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G. A. SANAP
Ashok S/o Madhavrao Kulmethe – Appellant
Versus
State of Maharashtra, through the Police Station Officer, Police Station, Nagbhid – Respondent
JUDGMENT :
G. A. Sanap, J.
1. In this appeal, the appellant/accused has challenged the judgment and order, dated 14.12.2022, passed by learned Special Judge, Chandrapur. Learned Special Judge held the accused guilty for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short) read with Sections 376(1)(A) and 376(2)(f)(j)(n) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for three months. The appellant is also held guilty for the offences punishable under Sections 354 and 354-A of the IPC and sentenced to suffer rigorous imprisonment for 3 (three) years and to pay fine of Rs.2,500/- and in default to undergo rigorous imprisonment for two months ; as well as for the offence punishable under Section 506 of the IPC and sentenced to suffer rigorous imprisonment for 2 (two) years and to pay fine of Rs.2,000/- and in default to undergo rigorous imprisonment for two months.
2. BACKGROUND FACTS :-
In this crime, there are two victims. The accused is none ot
In sexual offence cases, the prosecution must provide credible and consistent evidence; any reasonable doubt must favor the accused.
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 presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
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 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 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.
In sexual assault cases, the victim's testimony must be credible and corroborated by reliable evidence to support a conviction.
(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....
Section specifically exonerates a child from being proceeded against under S.22.
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