Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE
Kishor S/o Kamlakar Patil – Appellant
Versus
State Of Maharashtra, Through Police Station Officer, P.s. Gittikhadan, District Nagpur. – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this appeal, the appellant (accused) has challenged judgment and order dated 31.1.2023 passed by learned Additional Sessions Judge, Nagpur (learned Judge of the trial court) in Special POCSO Case No.93/2018.
2. By the said judgment impugned, the accused is convicted for offence under Section 376(2)(f)(i)(j)(k) and (n) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act (the POCSO Act) and sentenced to undergo rigorous imprisonment for fifteen years and to pay fine Rs.15,000/-, in default, to undergo rigorous imprisonment for five months. The accused is further convicted for offence under Section 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay fine Rs.1000/-, in default, to undergo rigorous imprisonment for one month.
“A Common Quote from a father about his daughter is, “A daughter may outgrow in her father’s lap, but she will never outgrow in his heart”, signifying that a father’s love for his daughter remains constant and no matters how old she gets.
Contrary to this Quote, in the present matter, the accused, who is a father of the victim, is faci
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 main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.
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 prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
(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....
In sexual offenses against minors, the sole testimony of the victim is sufficient for conviction if deemed credible, even in the absence of corroborative evidence.
Conviction for sexual assault on a minor can rely on the sole testimony of the victim, established as credible, despite minor discrepancies in narrative and delays in reporting.
Point of Law : Hon'ble Supreme Court held that action of the accused in stripping prosecutrixes and himself and rubbing his genitals against those of the victims was indeed an endeavour to commit sex....
The prosecution must prove its case beyond a reasonable doubt; inconsistencies in testimony and delay in reporting undermine credibility.
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
