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IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.
NITIN B. SURYAWANSHI, PRAVIN S. PATIL , JJ.
Abdul Aziz Lalmiya Deshmukh – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(N.B. Suryawanshi, J.) :
Appellant/accused is convicted in Sessions Trial No.70.2017 by learned Special Court, Akola under Section 376[2][f] of the Indian Penal Code and under Section 5 punishable under Section 6 of the Protection of Children from Sexual Offences Act (POCSO), and is sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/-, and under Sections 504 and 506 of the Indian Penal Code and sentenced to suffer imprisonment for two years on each count and to pay fine of Rs.2000/-. By this appeal, he challenges his conviction.
. Informant thought that the amount might have been given by her father-in-law. At 5 p.m. in the evening, while the informant was sitting infront of her house, victim came there and sat on her lap and was shack
The conviction for aggravated penetrative sexual assault was upheld based on consistent testimonies and corroborative medical evidence, despite claims of false implication and delays in reporting.
The main legal point established in the judgment is the reliance on consistent testimonies, medical evidence, and the severity of the crime to establish guilt beyond reasonable doubt.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
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.
The court upheld the conviction based on the victim's credible testimony and medical evidence, affirming that under the POCSO Act, the burden shifts to the accused to rebut presumption of guilt.
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....
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 court upheld the conviction for aggravated penetrative sexual assault under the POCSO Act based on the reliable testimony of the child victim and corroborative medical evidence, affirming the app....
The central legal point established in the judgment is the interpretation and application of the definition of 'Aggravated Sexual Assault' under the POCSO Act, based on the evidence and legal provisi....
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....
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