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THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
HON'BLE SHRI JUSTICE G. A. SANAP
Bhimraoji S/O Manikraoji Dhole – Appellant
Versus
State of Mah. Thr. Pso Ps Karanja (Gh.) Tah. Karanja (Gh.) Dist.wardha – Respondent
JUDGMENT :
1. In this appeal, challenge is to the judgment and order dated 17.02.2023 passed by the learned Extra Joint, Addition Sessions Judge and Special Judge, Wardha (for short ‘the learned Judge’), whereby the learned Judge convicted the appellant/accused for the offences punishable under Section 6 read with Section 18 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and Sections 376(2)(j) and 376-AB read with Section 511 of the Indian Penal Code (for short ‘the IPC’) and sentenced him to suffer rigorous imprisonment for ten (10) years and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer simple imprisonment for six (6) months for the offence punishable under Section 6 read with Section 18 of the POCSO Act. No separate punishment is awarded for the offences punishable under sections 376(2)(j) and 376-AB read with Section 511 of the IPC.
2. Background facts
The informant, in this case, is the mother of the victim girl. The victim girl on the date of the incident was 7 years and 5 months old. The case of the prosecution, which can be unfolded from the report and other materials, is that the victim girl is deaf and dumb. Th
The court established that credible witness testimony is essential in sexual assault cases, particularly involving minors, and modified the sentence based on the nature of the crime and the age of th....
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 judgment reinforces the evidentiary standards in sexual assault cases involving minors, highlighting the importance of witness credibility and medical corroboration.
Point of Law – Kidnapping and abduction – Conviction - victim, who is found to be an unreliable witness - appellant is entitled for benefit of doubt
The victim's testimony in a sexual assault case stands at a higher pedestal than injured witness and needs no corroboration.
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....
Statutorial presumption u/s 29 and 30 of POCSO Act certainly places a persuasive burden on appellant to show that he does not possess requisite culpable mental state for offence for which he is prose....
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
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