G. A. SANAP
Sameer Shah S/o. Salim Shah – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Police Station, Murtizapur City – Respondent
JUDGMENT :
G. A. Sanap, J.
1. Heard finally with the consent of learned Advocates for the parties.
2. In this appeal, the challenge is to the judgment and order, dated 25.10.2021, passed by the learned Additional Sessions Judge, Akola, whereby the learned Judge, held the appellant/accused guilty for the offence punishable under Section 354(B) of the Indian Penal Code (for short ‘the IPC’) and for the offence under Section 7 punishable under Section 8 and under Section 9 punishable under Section 10 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- and in default to suffer simple imprisonment for one month.
3. Background facts:
The victim involved, in this crime, is an unfortunate girl, who was three years old at the time of the incident. The wheels of the prosecution were put into motion on the report of her grandmother to the Murtizapur police station. It is stated that the incident occurred on 07.02.2019 at about 4:30 p.m. The informant is the grandmother of the victim. She, alongwith the victim and her grandson, went to the neighbour’s house. The vi
The judgment reinforces the evidentiary standards in sexual assault cases involving minors, highlighting the importance of witness credibility and medical corroboration.
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.
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 competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal pri....
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 prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
The presumption under Section 29 of the POCSO Act requires the prosecution to first prove foundational facts beyond a reasonable doubt for it to operate against the accused.
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 held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.