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G. A. SANAP
Sikandar Somsingh Chavhan – Appellant
Versus
State of Maharashtra, through Police Station Officer – Respondent
JUDGMENT :
G. A. Sanap, J.
1. In this appeal, challenge is to the judgment and order dated 25.05.2022, passed by the learned Additional Sessions Judge, Link Court, Mangrulpir, in Special Child Case No. 28/2018, whereby the learned Judge held the appellant guilty for the offences punishable under Section 376(2)(l) of the Indian Penal Code and under Sections 3, 4, 5(k) and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short). He is sentenced to suffer imprisonment for 10 (ten) years and to pay fine of Rs.5,000/- and in default to suffer RI for 6 (six) months for the offence punishable under Section 376(2)(l) of the IPC. No separate sentence is awarded for the offences under the POCSO Act.
2. BACKGROUND FACTS :
The informant (PW6) is the father of the victim girl (PW7). The case of the prosecution, which can be gathered from the report lodged by the informant and other materials is that the victim is a deaf and dumb girl. The incident of rape on the victim occurred in the night of 18.04.2018. The appellant and the victim are the residents of the same village. On 18.04.2018, on account of marriage of the son of the neighbour,
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
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 court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The judgment underscores the necessity of credible evidence and the adverse impact of delays in reporting sexual offences on the prosecution's case.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
(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....
The judgment reinforces the importance of corroborative evidence in sexual assault cases, particularly when the victim is a minor, and clarifies the legal standards for assessing credibility and dela....
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 court affirmed that the testimony of a child victim, supported by medical evidence, is sufficient for conviction under the POCSO Act, even in the presence of a negative DNA report regarding pater....
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