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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ABHAY S. WAGHWASE, J.
Taku @ Sagar Dayanand Shinde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(ABHAY S. WAGHWASE, J.)
1. Appellant/convict takes exception to the judgment and order dated 27.03.2023 passed by learned Special Judge (POCSO), Beed in Special POCSO Case No.74 of 2021 recording guilt of the appellant for offences under Section 376(AB), 376(2)(f) and 377 of the Indian Penal Code read with Section 6 of the POCSO Act.
PROSECUTION CASE IN BRIEF
2. Ambhora Police Station, District Beed registered the crime bearing No.150 of 2022 for above offences on report received from the mother of the victim, who gave information to police that her victim daughter aged 7 years was sexually ravished and exploited by the present appellant, who happens to be her uncle. On above report, crime was registered, investigated and appellant was chargeheeted for the above offence and finally tried by learned Special Judge, who examined as many as 11 witnesses, and on appreciating oral evidence of witnesses and on appreciating documentary evidence apprising of FIR, medical papers, birth certificate, etc., learned trial Judge accepted the prosecution story and recorded guilt holding appellant guilty for above offences.
Feeling aggrieved by the judgment and order of conviction, instant ap
The conviction for sexual assault on a minor was upheld based on credible testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
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....
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 prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.
The presumption under the POCSO Act is rebuttable and requires foundational facts to be established beyond reasonable doubt for conviction.
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.
The main legal point established in the judgment is the reliance on school records, legal precedents, and medical evidence to establish the victim's age and prove the aggravated penetrative sexual as....
Determination of age – Wherever dispute with respect to age of a person arises in context of her or him being a victim under POCSO Act, courts have to take recourse to steps indicated in Section 94 o....
The conviction under the POCSO Act was upheld due to credible victim testimony and corroborative evidence establishing aggravated sexual assault on a minor.
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