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ABHAY S. WAGHWASE
Bhagwan S/o Vishwanath Waghmare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. In this appeal, exception is taken to the judgment and order dated 04.04.2019 passed by Judge, Special Court (POCSO Act), Ahmednagar in Special Case No. 171 of 2017, by which appellant is held guilty of offence punishable under Sections 452, 366-A, 376(2) (i), 376(2)(m), 506 of IPC and Section 3 punishable u/s 4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act].
FACTS IN BRIEF LEADING TO PROSECUTION
2. Appellant was chargesheeted by Pathardi Police Station on accusation that on 01.04.2017, accused entered into the house of informant with intention and preparation to cause hurt to victim, a five years old girl. He lifted the victim and brought her out with intention to have forceful sexual intercourse with her, and committed forceful rape and thereby committed offence punishable under Sections 452, 366-A, 376(2)(i)(m), 506 of IPC and Section 3 punishable under Section 4 of the POCSO Act.
3. On above premise, on refusal of charge, trial was conducted by Special Court wherein prosecution adduced evidence of as many as 9 witnesses and also relied on documentary evidence. By judgment and order dated 04.04.2019, learned trial Judge ac
The court upheld the conviction for sexual assault on a minor, emphasizing the reliability of the victim's testimony and corroborating evidence despite challenges regarding delay and medical findings....
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....
The conviction for sexual assault on a minor was upheld based on credible testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
The prosecution failed to establish the case beyond reasonable doubt due to contradictions in the victim's testimony and lack of corroborative medical evidence.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The main legal point established in the judgment is the reliance on consistent testimonies, medical evidence, and the severity of the crime to establish guilt beyond reasonable doubt.
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.
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