Back
G. A. SANAP
Mituram s/o Udayram Dhurve – Appellant
Versus
State of Maharashtra, Through Police Station Officer, Police Station Warud, District Amravati – Respondent
JUDGMENT :
1. In this appeal, the challenge is to the judgment and order dated 04.02.2021 passed by the learned Sessions Judge, Amravati, whereby the learned Sessions Judge held the appellant guilty of the offence punishable under Section 354-D (1) (i) of the Indian Penal Code (for short, “the I.P.C.”) and under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”) and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.5,000/-, in default of payment of fine to further suffer simple imprisonment for one month.
2. Background facts:-
The report in this case was lodged by the victim girl on 19.08.2017. It is stated that on the date of the incident, the victim was 13 years of age and studying in 9th standard. At the relevant time, she was also attending the tuition classes at Warud. The timing of her tuition classes was 8.00 a.m. to 11.00 a.m and her school timing was 12.00 p.m. to 5.15 p.m. The victim has stated in her report that since prior to one month of the report dated 19.08.2017, one boy would stand in front of school and would stare at her. The said boy would take his motor cycle near to the victim. It
The judgment reinforces the legal standards for proving stalking and sexual harassment, particularly in cases involving minors, emphasizing the credibility of victim testimony.
The prosecution failed to prove the offence of stalking under Section 354-D due to insufficient evidence and contradictions in the victim's testimony.
The unshaken testimony of the victim and corroborating witnesses, lack of motive for false implication, and consistent evidence formed the basis for establishing the guilt of the appellant.
The court upheld the victim's credible testimony in sexual assault cases, emphasizing that delay in reporting does not inherently discredit reliable evidence.
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
Sexual harassment - Relative witness - Reliable - Merely because victim's friends were produced as witnesses, it cannot be said that their evidence is unreliable.
Point of Law : Sexual harassment – Appeal against conviction - Merely because the victim's friends were produced as witnesses, it cannot be said that their evidence is unreliable.
The court emphasized that the age of a victim must be proven with lawful evidence rather than relying on uncorroborated school records, rendering prior convictions based on inadequate evidence perver....
The prosecution must prove its case beyond reasonable doubt; mere allegations and inconsistent testimonies do not suffice for a conviction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
