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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
Suraj S/o Raju Gaikwad – Appellant
Versus
State of Maharashtra, through Police Station Officer, Police Station Ajni, Nagpur – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this appeal, the appellant (accused) has challenged judgment and order dated 21.3.2023 passed by learned District Judge-7 and Additional Sessions Judge, Nagpur (learned Judge of the trial court) in Special Criminal Case No.143/2018.
2. By the said judgment and order impugned, the accused is convicted for offence punishable under Section 376(2)(f)(i)(j)(n) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 20 years and to pay fine Rs.10000/-, in default, to undergo further simple imprisonment for six months.He is further convicted for offence punishable under Section 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 1 year.
3. Brief facts of the prosecution case which are necessary for disposal of the appeal are as under:
The victim aged about 10 years old was studying in 5th Std. in the year 2018 having single parent mother as her father is not alive and was residing with her mother and brother. Her brother used to go for work and she remains to be alone in the house after her school is over. Her school timing was between 7:00 am to 11:00 am. As per the allegation, the accused, who is her nea
The court affirmed that credible testimony from a minor victim, corroborated by medical evidence, is sufficient for conviction in sexual assault cases, and delays in reporting such incidents are not ....
The court affirmed that credible testimony from a minor victim, corroborated by medical evidence, is sufficient for conviction in sexual assault cases, despite delays in reporting.
Rape conviction quashed due to unreliable victim testimony with inconsistencies and improvements, manipulated age records doubting minority, absent medical evidence despite multiple claims, unexplain....
The court upheld the conviction against the appellant based solely on the victim's credible testimony, emphasizing that societal pressures do not negate the legal obligation to report sexual offenses....
The conviction can be supported solely based on the credible testimony of the victim, especially when medical evidence is used to ascertain age in the absence of documents.
The court affirmed that the victim's consistent testimony suffices for conviction in sexual assault cases, reinforcing that age determination and credibility of the witness are pivotal in such judgme....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
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.
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