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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
Dashrath S/o Tatobaji Salve – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this appeal, the appellant (the accused) has challenged judgment and order dated 22.4.2024 passed by learned Additional Sessions Judge-9, Nagpur in Sessions Case No.731/2019.
2. By the said judgment impugned, the accused is convicted for offence under Section 376(2)(j) and (l) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. He is further directed to deposit compensation Rs.2.00 lacs under 357(3) of the Code of Criminal Procedure for survivor (PW1), in default, to undergo rigorous imprisonment for one year and six months.
3. Facts of the prosecution case necessary for disposal of the appeal are as under:
The crime is registered on the basis of FIR lodged by the sister of the victim alleging that she is residing along with her parents and elder sister (the victim) aged about 42 years. The victim is suffering from mental disorder and, therefore, she is unmarried. In the year 2017, the family members of the victim noticed her enlarged belly and, therefore, they called one knowledgeable lady from the village who disclosed that the victim is pregnant. Therefore, the informant took the victim at the Primary Health
The prosecution must prove charges beyond reasonable doubt, and evidence from vulnerable witnesses requires corroboration to ensure reliability.
The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosur....
The judgment establishes the importance of corroborative evidence, the presumption of guilt under the POCSO Act, and the standard of proof required for the accused to prove innocence in cases of sexu....
The court affirmed that the victim's testimony, corroborated by DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the need for sensitivity in evaluating such evidence.
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
The victim's credible testimony can sustain a conviction in sexual assault cases even without corroborative medical evidence, acknowledging the victim's disability and the nature of consent.
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