Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
HON'BLE SHRI JUSTICE G. A. SANAP
Vijay @ Bablya S/o. Ashok Ingale – Appellant
Versus
State of Maharashtra, through its Police Station Officer, Police Station Balapur, Tq. Balapur, Dist. Akola – Respondent
JUDGMENT :
In this appeal, challenge is to the judgment and order dated 14.09.2022, passed by the learned Additional Sessions Judge/Special Judge (POCSO Act), Akola, whereby the learned Judge convicted the appellant for the offences punishable under Sections 376(3) and 506 of the Indian Penal Code, 1860 (for short, “IPC”) and under Section 3 punishable under Section 4 and under Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”), and sentenced him to suffer rigorous imprisonment for 20 years and to pay a fine of Rs.20,000/- and in default to suffer further simple imprisonment for 2 months for the offence punishable under Section 376(3) of the IPC and rigorous imprisonment for 2 years and to pay a fine of Rs.5,000/- and in default to suffer simple imprisonment for 15 days for the offence punishable under Section 506 of the IPC. No separate sentence has been awarded for the offences under Section 3 punishable under Section 4 and under Section 5(m) punishable under Section 6 of the POCSO Act.
02] Background Facts:
The informant (PW-1) is the mother of the victim, who at the time of the incident, was about 4 years o
Penetration, even partial, constitutes rape under IPC and POCSO Act; the credibility of child witnesses must be carefully assessed.
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, and that slight penetration constitutes an offense under the POCSO Act, regardless of t....
A victim's testimony can be sufficient for conviction in sexual assault cases if it is credible, even if medical evidence is inconclusive.
The main legal point established in the judgment is the principle that corroboration is not required for the testimony of the victim in case of rape if the evidence is of sterling quality. The judgme....
The necessity of proving penetration or manipulation causing penetration for charges under the POCSO Act was emphasized, leading to a conviction for attempted offences.
The court established that a minor's testimony can be sufficient for conviction in sexual assault cases, even without corroborative medical evidence, if it is credible.
The victim's credible testimony, coupled with medical evidence of injury, is sufficient for conviction under the POCSO Act despite minor contradictions in her statements.
Rape – Conviction and sentence must be upheld where victim’s testimony is not only consistent but fairly detailed also.
In sexual assault cases involving minors, the victim's testimony holds significant weight and need not be corroborated unless substantial reasons exist; even minimal penetration suffices to establish....
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
