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R. G. AVACHAT, NEERAJ P. DHOTE
Nivrutti, S/o. Nagorao Hange – Appellant
Versus
State of Maharashtra, Through Police Officer, Kukundwadi Police Station, Aurangabad – Respondent
JUDGMENT :
(Neeraj P. Dhote, J.)
1. This Criminal Appeal, filed under Section 374[2] of the Criminal Procedure Code, 1973 [hereinafter referred to as ‘Cr.PC’] challenges the Appellant’s conviction and sentence awarded by the learned Additional Sessions Judge, Aurangabad, vide Judgment and Order dated 03/03/2022, in Special [POCSO] Case No.43/2016, as under :-
(ii) The accused – Nivrutti Nagorao Hange is convicted under Section 235 of Cr.PC for the charge of commission of offence punishable under Section 376 (2)(i) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life, which shall mean imprisonment for the remainder of his natural life and to pay fine Rs.3000/-; in default of payment of fine the accused to undergo simple imprisonment for six months.
(iii) The accused – Nivrutti Nagorao Hange is convicted under Section 235 of Cr.PC for the charge of commission of offence punishable under Section 376(2)
The integrity and chain of custody of DNA evidence are crucial for its admissibility in court, and failure to establish these can lead to acquittal.
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The prosecution must prove guilt beyond reasonable doubt, especially when the primary witness turns hostile, and reliance on inconsistent testimony and improperly handled DNA evidence is insufficient....
DNA evidence requires proper documentation and chain of custody to be admissible; conviction cannot solely rely on such evidence without corroborating proof.
The court affirmed the conviction for sexual assault under POCSO, emphasizing that consent is irrelevant when the victim is a minor, and upheld the probative value of DNA evidence in confirming the i....
(1) In order to attract offence under POCSO Act prosecution has to establish that victim girl is a child as defined under Section 2(1)(d) of POCSO Act.(2) It is highly unsafe to convict a person only....
The judgment establishes the admissibility and conclusiveness of D.N.A. evidence in proving paternity and the incapacity of a mentally challenged individual to consent to sexual intercourse.
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