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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
R.G.AVACHAT, NEERAJ P.DHOTE
Maroti S/o Madhav Tikekar – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
R.G. AVACHAT, J.
The challenge in this appeal is to a judgment and order of conviction and consequential sentence, passed by the Court of Additional Sessions Judge (Trial Court), Bhokar, District Nanded, in Special (POCSO) Case, No.7/2019. The material part of the impugned order of conviction and sentence reads thus :
(1) Accused Maroti S/o Madhav Tikekar, Age 40 Years Occu. Labour R/o Savergaon Mal, Tq.Bhokar at present Gandhewar colony, Bhokar Tq.Bhokar Dist. Nanded is hereby convicted u/sec. 235(2) of Cr.P.C. for the offences punishable under sections 376(2)[f][i][j], 354(A)(1), 323, 504 and 506 of Indian Penal Code and Sections 4 and 6 of The Protection of Children from Sexual Offences Act, 2012.
(2) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C for the offence punishable under sections 376(2)[f][i][j] and he is sentenced to suffer Life Imprisonment which shall mean the remainder of that person's natural life and to pay fine of Rs. 5,000/ (Rs. Five thousand only). In default of fine he shall undergo simple imprisonment of 6 months.
(3) Accused Maroti S/o Madhav Tikekar is hereby convicted u/sec. 235(2) of Cr.P.C for the offence punishable u
The prosecution must prove its case beyond a reasonable doubt; inconsistencies in testimony and delay in reporting undermine credibility.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any doubt must be resolved in favor of the accused.
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 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....
(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....
The presumption of guilt under the POCSO Act requires a solid evidentiary foundation, which was not established in this case, leading to the acquittal of the accused.
The reliability of the victim's testimony, corroborative evidence, and the legal provisions of the POCSO Act were crucial in establishing the guilt of the appellant.
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.
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