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HIGH COURT OF BOMBAY
HON'BLE SMT. JUSTICE URMILA SACHIN JOSHI- PHALKE
IMTIYAJ S/O KAYYUM ANSARI – Appellant
Versus
STATE OF MAH. THR. PSO PS GITTIKHADAN NAGPUR – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this appeal, the appellant, who is original accused No.1, (the accused) has challenged judgment and order dated 24.8.2023 passed by learned Extra Joint District Judge and Additional Sessions Judge, Nagpur (learned Judge of the trial court) in Special (POCSO)
Case No.94/2017.
2. By the said judgment impugned, the accused is convicted for offence punishable under Section 5(1) read with Section 6 of The Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and sentenced to undergo rigorous imprisonment for 20 years and to pay fine Rs.5000/-, in default, to undergo rigorous imprisonment for 2 months.
He is also convicted for offence punishable under Section 366 of the IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay fine Rs.3000/-, in default, to undergo rigorous imprisonment for 1 month.
He is further convicted for offence punishable under Section 363 of the IPC and sentenced to undergo rigorous imprisonment for 3 years and to pay fine Rs.2000/-, in default, to undergo rigorous imprisonment for 15 days.
He is further convicted for offence punishable under Section 344 of the IPC and sentenced to undergo rigorous
The court affirmed that the victim's testimony, supported by medical and DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the importance of her age and the nature of th....
The conviction of the accused for sexual assault and kidnapping of a minor was upheld based on the victim's credible testimony and corroborative medical evidence, despite the absence of independent w....
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The prosecution must prove charges beyond reasonable doubt, and evidence from vulnerable witnesses requires corroboration to ensure reliability.
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 central legal point established in the judgment is the stringent burden of proof required in cases involving offences against minors, emphasizing the necessity of credible evidence to establish g....
(1) In order to attract offence under POCSO Act prosecution has to establish that victim girl is a child as defined under Section 2(1)(d) of POCSO Act.(2) It is highly unsafe to convict a person only....
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
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