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IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH
HON'BLE SHRI JUSTICE G. A. SANAP
Akash S/O Gajanan Rathod – Appellant
Versus
State of Mha. Thr. Pso Ps Borgaon Manju Tq. And Dist.akola – Respondent
JUDGMENT :
1. These two appeals arise out of the judgment and order dated 03.06.2022, passed by the learned Extra Joint District Judge and Additional Sessions Judge, Akola, in Sessions Trial No. 113/2020 whereby the learned Judge convicted the appellants/accused nos.1 and 2 for the offences punishable under Sections 354, 354-A, 354-D, 452 r/w Section 34 and U/s 506(I) of the Indian Penal Code and under Section 7 punishable under Sec.8 and offence under Sec. 11 punishable under Section 12 of the Protection of the Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short). Both the appellants/accused are sentenced as follows :
a] Rigorous imprisonment for five years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence punishable under Section 354 of the IPC.
b] Rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence punishable under Section 354-A of the IPC.
c] Rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default to suffer SI for three months for the offence punishable under Section 354-D of the IPC.
d] Rigorous im
The court upheld the victim's credible testimony in sexual assault cases, emphasizing that delay in reporting does not inherently discredit reliable evidence.
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 judgment reinforces the legal standards for proving stalking and sexual harassment, particularly in cases involving minors, emphasizing the credibility of victim testimony.
The victim's testimony, corroborated by medical evidence, and lack of enmity between the parties, led to the court's finding of guilt. The accused's young age was not considered a mitigating circumst....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
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